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MINUTES OF THE ORDINARY MEETING HELD ON 5 FEBRUARY 2014

PRESENT: Mayor Mannoun Deputy Mayor Hadid Councillor Balloot Councillor Hadchiti Councillor Harle Councillor Karnib Councillor Mamone Councillor Ristevski Councillor Shelton Councillor Stanley Councillor Waller Mr Farooq Portelli, Chief Executive Officer Ms Julie Hately, Executive Director Ms Toni Averay, Acting Executive Director Ms Billie Sankovic, Group Manager Strategy and Executive Mr Mathew Walker, Group Manager Business Excellence Ms Kiersten Fishburn, Group Manager Community and Culture Mr Gino Belsito, Group Manager City Presentation Ms Nadia Napoletano, Group Manager Governance Mr Michael Cullen, Group Manager Economy and Engagement Mr Raj Autar, Group Manager Infrastructure and Environment Ms Carole Todd, Acting Group Manager Planning and Growth

The meeting commenced at 6:00pm

OPENING 6:00pm

PRAYER The prayer of the Council was read by Reverend David Clarke from Hoxton Park Anglican Church.

APOLOGIES Nil

CONDOLENCES Nil

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 2

CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting held on 18 December 2013 adjourned to the 23 December 2013 be confirmed as a true record of that meeting.

Motion: Moved: Clr Karnib Seconded: Clr Stanley

On being put to the meeting the motion was declared CARRIED.

PUBLIC FORUM

Presentation (Items not on agenda) Nil

Representation (Items on agenda) Nil

DECLARATIONS OF INTEREST

Clr Hadchiti declared a less than significant, non-pecuniary interest in the following items:

Item GMPG 02: Modification to Development Consent DA492/2008 – Educational Establishment.

Reason: One of the Directors attended a fundraising dinner for the Liberal Party NSW Division.

Clr Hadchiti will leave the Chambers for the duration of this item.

Item GMGO 02: Proposed Acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme.

Reason: The applicant attended a Liberal Party dinner and purchased tickets.

Clr Hadchiti will not leave the Chambers for the duration of this item.

Clr Balloot declared a less than significant, non-pecuniary interest in the following items:

Item GMPG 02: Modification to Development Consent DA492/2008 – Educational Establishment.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 3

Reason: One of the Directors attended a fundraising dinner for the Liberal Party NSW Division.

Clr Balloot will not leave the Chambers for the duration of this item.

Item GMGO 02: Proposed Acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme.

Reason: The applicant attended a Liberal Party dinner and purchased tickets.

Clr Balloot will not leave the Chambers for the duration of this item.

The Deputy Mayor declared a less than significant, non-pecuniary interest in the following items:

Item GMPG 02: Modification to Development Consent DA492/2008 – Educational Establishment.

Reason: One of the Directors attended a fundraising dinner for the Liberal Party NSW Division.

The Deputy Mayor will leave the Chambers for the duration of this item.

Item GMGO 02: Proposed Acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme.

Reason: The applicant attended a Liberal Party dinner and purchased tickets.

The Deputy Mayor will not leave the Chambers for the duration of this item.

Councillor Ristevski declared a less than significant, non-pecuniary interest in the following items:

Item GMPG 02: Modification to Development Consent DA492/2008 – Educational Establishment.

Reason: One of the Directors attended a fundraising dinner for the Liberal Party NSW Division.

Councillor Ristevski will leave the Chambers for the duration of this item.

Item GMGO 02: Proposed Acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 4

Reason: The applicant attended a Liberal Party dinner and purchased tickets.

Councillor Ristevski will not leave the Chambers for the duration of this item.

Clr Mamone declared a less than significant, non-pecuniary interest in the following items:

Item GMPG 02: Modification to Development Consent DA492/2008 – Educational Establishment.

Reason: One of the Directors attended a fundraising dinner for the Liberal Party NSW Division.

Clr Mamone will leave the Chambers for the duration of this item.

Item GMGO 02: Proposed Acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme.

Reason: The applicant attended a Liberal Party dinner and purchased tickets.

Clr Mamone will not leave the Chambers for the duration of this item.

Mayor Mannoun declared a less than significant, non-pecuniary interest in the following items:

Item GMPG 02: Modification to Development Consent DA492/2008 – Educational Establishment.

Reason: One of the Directors attended a fundraising dinner for the Liberal Party NSW Division.

Mayor Mannoun will not leave the Chambers for the duration of this item.

Item GMGO 02: Proposed Acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme.

Reason: The applicant attended a Liberal Party dinner and purchased tickets.

Mayor Mannoun will not leave the Chambers for the duration of this item.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 5

NOTICES OF MOTION

ITEM NO: NOM 01 FILE NO: 016911.2014 SUBJECT: Amend the term of the Deputy Mayor to six (6) months

NOTICE OF MOTION

That Council amends the Term of the Deputy Mayor to Six (6) Months from 12 months immediately.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Balloot

That Council withdraw the motion and conduct further research.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 6

ITEM NO: NOM 02 FILE NO: 017615.2014 SUBJECT: Commending staff for New Year’s Eve and Day Celebrations

NOTICE OF MOTION

That Council:

1. Commends all staff members involved in both events, congratulating them for their efforts.

2. Reports to council with costings of extending the New Year’s Eve event until midnight.

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Deputy Mayor Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 7

MOTION OF URGENCY DA883/2207/A 2-4 BATHURST STREET, LIVERPOOL

Clr Hadchiti requested that a motion relating to the above matter be dealt with at this meeting as a matter of urgency.

Mayor Mannoun ruled that the proposed business is of great urgency and on being put to the meeting, Council in accordance with Clause 14(2)(a) of the Code of Meeting Practice resolved to deal with the matter at this meeting.

Motion: Moved: Clr Hadchiti Seconded: Deputy Mayor

That Council:

1. Upon receipt of a $50,000 bond, immediately issue the 88B instrument that relates to the construction works at 2-4 Bathurst St Liverpool (Property borders Bathurst, Lachlan & Northumberland) on the proviso that:

A. The applicant undertakes to meet with Council Officers to determine the best possible outcome for construction of footpaths that immediately border the development within one week.

B. The applicant undertakes to lodge a S96 modification application that reflects A within 2 weeks after a resolution has been agreed with Council Officers

C. The applicant undertakes that six weeks after the determination is communicated in writing the applicant satisfies the S96 determination.

Clr Balloot left the chambers at 7:00pm.

Clr Balloot returned to the chambers at 7:02pm.

Foreshadowed Motion: Moved: Clr Stanley Seconded: Clr Waller

That Council:

1. Delegates to the CEO for DA 883/2007/A the authority to determine the S96 application.

2. A bond be sought from the applicant to complete the necessary footpath works to ensure that they are of a standard required in the DA.

On being put to the meeting the motion was declared CARRIED and the foreshadowed motion lapsed.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 8

CHIEF EXECUTIVE OFFICER REPORT

ITEM NO: CEO 01 FILE NO: 013814.2014 SUBJECT: Consultation Outcomes - Application for a Special Rate Variation

RECOMMENDATION

That Council:

1. Receives and notes the report.

2. Considers submitting an application to the Independent Pricing and Regulatory Tribunal (IPART) for continuation of the existing 9 per cent special rate variation and an additional 2.5 per cent over two years (5 per cent in total) as a permanent increase to the rates.

3. Adopts the revised Delivery Program 2013-17 Operational Plan 2013-14 and Resourcing Strategy (encompassing Long Term Financial Plan, Asset Management Plan and Workforce Management Plan).

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Mayor Mannoun

That Council:

1. Receives and notes the report.

2. Submits an application to the Independent Pricing and Regulatory Tribunal (IPART) for 12 per cent permanent increase to rates, consisting of the permissible increase and the continuation of the existing 9 per cent special rate variation.

3. Adopts the revised Delivery Program 2013-17 Operational Plan 2013-14 and Resourcing Strategy (encompassing Long Term Financial Plan, Asset Management Plan and Workforce Management Plan).

4. Notes that the community consultation resulted in 76 per cent of the respondents who answered this question supported either maintaining or increasing rates (as reflected in the chart below), which Council is adopting.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 9

Minutes of the Ordinary Council Meeting held on Wednesday 5 Februarry 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 10

EXECUTIVE DIRECTOR REPORT

ITEM NO: ED 01 FILE NO: 013805.2014 SUBJECT: Better Practice Reforms Project

RECOMMENDATION

That Council:

1. Receives and notes the detail provided in this report and reaffirms the allocation of $285,000 from the Organisational Reform Reserve, $400,000 from the Property Development Reserve and $75,000 from the Councillor Reserve for better practice reform projects.

2. In accordance with section 10A(2)(c) of the Local Government Act 1993 keeps confidential the information supplied under separate cover as the information would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Balloot

That Council defers the expenditure on the Better Practice Reforms Project as outlined in the report to after the adoption of Council’s 2014/15 Budget and that the report is considered by Council at that time.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 11

ITEM NO: ED 02 FILE NO: 013817.2014 SUBJECT: Quarterly Report on Compliments and Complaints

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadchiti

That Council:

1. Receives and notes this report.

2. Investigates ways to include compliments and complaints received by Councillors in future reports.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 12

STRATEGY AND EXECUTIVE REPORT

ITEM NO: GMSE 01 FILE NO: 013820.2014 SUBJECT: Support for the Victims of the New South Wales Bushfires 2013

RECOMMENDATION

That Council:

1. Notes that a staff contribution of $385.00 was made towards the Australian Red Cross NSW Disaster Relief and Recovery Appeal.

2. Donates a further $385.00 to the Australian Red Cross NSW Disaster Relief and Recovery Appeal from the Council Reserve to match staff contributions.

COUNCIL DECISION

Motion: Moved: Deputy Mayor Hadid Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 13

ITEM NO: GMSE 02 FILE NO: 014899.2014 SUBJECT: Australian Local Government Women's Association Conference

RECOMMENDATION

That Council nominates delegates to attend the 2014 Australian Local Government Women's Association Conference to be held in Broken Hill.

COUNCIL DECISION

Motion: Moved: Deputy Mayor Seconded: Clr Balloot

That Council nominates Councillors Mamone, Stanley and Waller as delegates to attend the 2014 Australian Local Government Women's Association Conference to be held in Broken Hill.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 14

ITEM NO: GMSE 03 FILE NO: 015237.2014 SUBJECT: Use of Delegation of Authority over the Christmas/New Year Recess

RECOMMENDATION

That Council receives the report and notes that the Mayor and General Manager did not exercise delegated authority during the 2013-2014 Christmas / New Year recess period.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Deputy Mayor Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 15

BUSINESS EXCELLENCE REPORT

ITEM NO: GMBE 01 FILE NO: 017777.2014 SUBJECT: Statutory Investment Report December 2013

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 16

ITEM NO: GMBE 02 FILE NO: 013832.2014 SUBJECT: Internal Reserves

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Deputy Mayor Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 17

COMMUNITY AND CULTURE REPORT

ITEM NO: GMCC 01 FILE NO: 013837.2014 SUBJECT: Fee Waiver for NSW Police for use of Library

RECOMMENDATION

That Council grants a waiver of $4,668 to the NSW Police for the hire of a training room at the Liverpool City Library for 21 days of use throughout 2014.

COUNCIL DECISION

Motion: Moved: Deputy Mayor Hadid Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Mayor Mannoun asked that he be recorded as voting for the motion.

Clrs Karnib, Stanley and Waller asked that they be recorded as voting against the motion.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 18

ITEM NO: GMCC 02 FILE NO: 013839.2014 SUBJECT: Proposed new fees and charges from YMCA for Whitlam and Michael Wenden Leisure Centres

RECOMMENDATION

That Council approves the new fees and charges proposed by the YMCA for the Whitlam Leisure Centre and the Michael Wenden Aquatic Leisure Centre.

COUNCIL DECISION

Motion: Moved: Deputy Mayor Hadid Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 19

ECONOMY AND ENGAGEMENT REPORT

ITEM NO: GMEE 01 FILE NO: 014284.2014 SUBJECT: Tender SL2305 - Leasing of 31 Shepherd Street (Men's Shed)

RECOMMENDATION

That Council:

1. Adopts the recommendation put forward in the confidential report provided under separate cover.

2. Makes public its decision regarding tender LS2305 – Leasing 31 Shepherd Street Liverpool for use as a Men’s Shed (Community Facility).

3. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied under separate cover containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That Council:

1. Accepts the Tender from Liverpool Districts Men’s Shed Inc. for LS2305 Leasing 31 Shepherd Street, Liverpool for use as a men’s shed (Community Facility) for an initial 3 year contract term, pending successful finalisation of the following points:

 Rental income return from the tenderers to at least meet LCC’s annual financial obligations for the building.  Confirm a budget by Council for obtaining building compliance in accordance with the Building Code of Australia.

2. Makes public its decision regarding tender LS2305 – Leasing 31 Shepherd Street, Liverpool for use as a Men’s Shed (Community Facility).

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 20

3. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied under separate cover containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Motion: Moved: Mayor Mannoun

That Council have a fifteen minute recess at 7:57pm

On being put to the meeting the motion was declared CARRIED.

Council meeting resumed at 8:21pm.

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 21

ITEM NO: GMEE 02 FILE NO: 014280.2014 SUBJECT: Proposal to Manage and Operate the Carnes Hill Recreation Centre

RECOMMENDATION

That Council:

1. Adopts the recommendation put forward in the confidential report provided under separate cover.

2. Makes public its decision to seek interest from the market to enter into a contract for the management and operation of the planned Carnes Hill Recreation Centre.

3. Keeps confidential the details supplied under separate cover containing information on the proposal received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Mamone

That Council:

1. Seeks expressions of interest from the market for the management and operation of the planned Carnes Hill Recreation Centre and tests the market for naming rights and reports back to Council at the 26 March 2014 meeting.

2. Keeps confidential the details supplied under separate cover containing information on the proposal received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED

Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014

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Chairperson 22

GOVERNANCE REPORT

ITEM NO: GMGO 01 FILE NO: 014395.2014 SUBJECT: Legal advice from Division of Local Government regarding recent amendments to Code of Meeting Practice

RECOMMENDATION

That Council:

1. Receives and notes this report.

2. In accordance with section 361 of the Local Government Act 1993, places on public exhibition for a period of 28 days the following amendments to the Code of Meeting Practice:

2.1 The insertion of a new clause 18(1), with the corresponding renumbering of clause 18, to read as follows:

"Mayoral minutes should not be used to introduce, without notice, matters that are routine, not urgent, or need research or a lot of consideration by Councillors before coming to a decision."

and:

2.2 The amendment of clause 18(3) which would then become clause 18(4) to read as follows:

"Mayoral minutes may be amended by the Mayor and/or Councillors. Such changes should be avoided where they will introduce, without notice, matters which need research or a lot of consideration by the Councillors before coming to a decision."

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 5, February, 2014 and confirmed on Wednesday, 26, February, 2014

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Chairperson 23

ITEM NO: GMGO 02 FILE NO: 014398.2014 SUBJECT: Proposed acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme

RECOMMENDATION

That Council:

1. Approves the acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the provisions of the Moorebank Voluntary Acquisition Scheme on the terms outlined in the confidential attachment;

2. Keeps confidential the attachment supplied under separate cover containing the purchase price pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

3. Authorises its delegated officer to execute any documents, under Power of Attorney necessary to give effect to this decision.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 5, February, 2014 and confirmed on Wednesday, 26, February, 2014

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Chairperson 24

ITEM NO: GMGO 03 FILE NO: 014403.2014 SUBJECT: Proposed use of Lot 103 DP 877139, 1 Hoxton Park Road, Liverpool by the Health Administration Corporation

RECOMMENDATION

That Council receives the report and notes that the purchase of the site at 1 Hoxton Park Road, Liverpool is part of a long term site acquisition program to support NSW Ambulance. The purchase is part of a planned strategy to prepare for future needs and secure strategic sites. The long term benefits of these are significant and will enable better coordination and management of emergency response needs for the community.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That Council:

1. Receives the report and notes that the purchase of the site at 1 Hoxton Park Road, Liverpool is part of a long term site acquisition program to support NSW Ambulance. The purchase is part of a planned strategy to prepare for future needs and secure strategic sites. The long term benefits of these are significant and will enable better coordination and management of emergency response needs for the community.

2. Inserts information in the newsletter, in a prominent position, to residents informing them of the information contained in this report.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 5, February, 2014 and confirmed on Wednesday, 26, February, 2014

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Chairperson 25

INFRASTRUCTURE AND ENVIRONMENT REPORT

ITEM NO: GMIE 01 FILE NO: 014407.2014 SUBJECT: Tender PST2258 Detailed design and documentation for the Carnes Hill Community and Recreation Centre

RECOMMENDATION

That Council:

1. Adopts the recommendation put forward in the confidential report provided under separate cover.

2. Keeps confidential the details supplied under separate cover containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Deputy Mayor Hadid Seconded: Clr Balloot

That Council:

1. Accepts the Tender from Suters Architects for tender PST2258 – Detailed Design and Documentation for the Carnes Hill Recreation and Community Centre for the GST inclusive price of $1,265,640.00 for the design and documentation phase.

2. Makes public its decision concerning tender PST2258 – Detailed Design and Documentation for the Carnes Hill Recreation and Community Centre.

3. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 5, February, 2014 and confirmed on Wednesday, 26, February, 2014

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Chairperson 26

Vote For: Mayor Deputy Mayor Clr Balloot Clr Hadchiti Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton Clr Waller

Vote Against: Clr Stanley

Minutes of the Ordinary Council Meeting held on Wednesday, 5, February, 2014 and confirmed on Wednesday, 26, February, 2014

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Chairperson 27

ITEM NO: GMIE 02 FILE NO: 014409.2014 SUBJECT: Tender WT2308 - Harvard Park Upgrade

RECOMMENDATION

That Council:

1. Adopts the recommendation put forward in the confidential report provided under separate cover.

2. Keeps confidential the details supplied under separate cover containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Deputy Mayor Hadid Seconded: Clr Balloot

That Council:

1. Accepts the Tender from Furnass Landscaping Pty Ltd for WT2308 – Havard Park Upgrade – Portion A Landscape Works for a contract term of 36 weeks at the GST inclusive price of $212,312.10.

2. Makes public its decision regarding tender WT2308 – Harvard Park Upgrade – Portion A Landscape Works.

3. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Deputy Mayor Hadid left the Chambers at 8:40pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 5, February, 2014 and confirmed on Wednesday, 26, February, 2014

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Chairperson 28

PLANNING AND GROWTH REPORT

ITEM NO: GMPG 01 FILE NO: 014412.2014 SUBJECT: Draft amendment to Liverpool Local Environmental Plan 2008 - Restricted Premises

RECOMMENDATION

That Council:

1. Endorses the attached draft planning proposal and authorises Council officers to forward a copy to the Department of Planning and Infrastructure seeking a Gateway determination.

2. Agrees that subject to Gateway approval, public authority consultation and public exhibition proceed in accordance with the determination.

3. Authorises public exhibition of the attached Draft Amendment to the Liverpool Development Control Plan 2008.

4. Notes that the outcomes of public authority consultation and public exhibition will be reported to a future meeting of Council.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Deputy Mayor Hadid was absent from the chambers when this motion was voted on.

Clrs Hadchiti, Mamone and Ristevski left the Chambers at 8:44pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 5, February, 2014 and confirmed on Wednesday, 26, February, 2014

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Chairperson 29

ITEM NO: GMPG 02 FILE NO: 014434.2014 SUBJECT: Modification to Development Consent DA492/2008 - Educational Establishment

RECOMMENDATION

That Council approves modification application DA-492/2008/B which seeks to modify Development Consent DA-492/2008 at Lots 90 and 91 in DP 1050385, No. 83 and 87 Gurner Avenue, Austral subject to amendments to condition 1 of the Development Consent.

COUNCIL DECISION

Motion: Moved: Clr Balloot Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Deputy Mayor Hadid and Clrs Hadchiti, Mamone and Ristevski were absent from the Chambers when this motion was voted on.

Clrs Hadchiti, Mamone and Ristevski returned the Chambers at 8:45pm

Minutes of the Ordinary Council Meeting held on Wednesday, 5, February, 2014 and confirmed on Wednesday, 26, February, 2014

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Chairperson 30

ITEM NO: GMPG 03 FILE NO: 017199.2014 SUBJECT: Amendment No. 10 to Liverpool DCP 2008 - Public Exhibition Outcomes - Community Feedback

RECOMMENDATION

That Council adopts Amendment 10 to the Liverpool Development Control Plan 2008 in accordance with the Environmental Planning and Assessment Regulation 2000 to come into effect upon the publication of a public notice in the local paper.

COUNCIL DECISION

Motion: Moved:Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Deputy Mayor Hadid was absent from the Chambers when this motion was voted on.

Deputy Mayor Hadid returned the Chambers at 8:46pm

Minutes of the Ordinary Council Meeting held on Wednesday, 5, February, 2014 and confirmed on Wednesday, 26, February, 2014

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Chairperson 31

ITEM NO: GMPG 04 FILE NO: 017358.2014 SUBJECT: Mixed use development including retail/commercial and 50 residential units

RECOMMENDATION

That Council:

1. Approves Development Application No. DA-1217/2012 for the demolition of existing structures and construction of a mixed use development at 58- 60 Macquarie Street, Liverpool in accordance with the draft conditions of consent attached.

2. Notifies interested parties of Council's decision.

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

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COMMITTEE REPORTS

ITEM NO: CTTE 01 FILE NO: 014437.2014 SUBJECT: Casula Powerhouse Arts Centre Board Minutes - 5 December 2013

RECOMMENDATION

That Council receives and notes the minutes of the Casula Powerhouse Arts Centre Board meeting held on 5 December 2013.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 02 FILE NO: 014438.2014 SUBJECT: Heritage Advisory Committee Minutes - 2 December 2013

RECOMMENDATION

That Council notes the Minutes of the Heritage Advisory Committee meeting held on 2 December 2013.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 03 FILE NO: 014439.2014 SUBJECT: Street Naming Committee Meeting Minutes - 13 December 2013

RECOMMENDATION

That Council:

1. Notes the Minutes of the Street Naming Committee meeting held on 13 December 2013.

2. Exhibits the following street names:

2.1 Split Close 2.2 Zagreb Street

3. Allocates $2,650 to be funded from the General Fund for a commemorative naming plaque for Doujon Lake in Cecil Hills.

4. Consults with residents on Alamein Avenue in Liverpool to gauge opinions on a street name change to El Alamein Avenue and send in an application to the Geographical Names Board to change Alamein Park to El Alamein Park in Liverpool.

COUNCIL DECISION

Motion: Moved: Deputy Mayor Hadid Seconded: Clr Stanley

That Council:

1. Notes the Minutes of the Street Naming Committee meeting held on 13 December 2013.

2. Exhibits the following street names:

Split Close Zagreb Street

3. Allocates $2,650 to be funded from the General Fund for a commemorative naming plaque for Doujon Lake in Cecil Hills.

4. Consults with residents on Alamein Avenue in Liverpool to gauge opinions on a street name change to El Alamein Avenue and send in an application to the Geographical Names Board to change Alamein Park to El Alamein Memorial Park in Liverpool.

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5. Writes to the City of Liverpool sub-branch of the RSL to advise it of Council’s decision.

On being put to the meeting the motion was declared CARRIED.

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CORRESPONDENCE REPORTS

ITEM NO: CORR 01 FILE NO: 011134.2014 SUBJECT: Incoming and Outgoing Correspondence Report

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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QUESTIONS WITH NOTICE

ITEM NO: QWN 01 FILE NO: 011484.2014 SUBJECT: Question with Notice - Clr Shelton

Council presently makes available on its website a compendium of economic statistics based on: a) the Small Area Labour Market report of December 2012, b) the 2011 Liverpool Community Profile, c) Centrelink data, d) Jobs Services Australia data, and e) census results from the Australian Bureau of Statistics.

It is understood Council is contemplating upgrading the provision of economic data specific to the Local Government Area, for example, by providing details as go to a Gross Regional Product and other key economic indicators (including unemployment and jobs growth). Accordingly the following information is sought.

Please address the following:

1. Which, if any, economic indicators specific to the Local Government Area (for example, a 'Gross Regional Product' result) is Council planning/endeavouring to provide data on in the foreseeable future?

The specific economic indicators to Liverpool’s local government area to be collected by Council will include: population growth, gross regional product, growth trends in industry sectors, employment/unemployment rates and labour force participation rates. All of this data is available on an annual basis from independent sources including the Australian Bureau of Statistics (ABS). Collection of this data is consistent with the requirements of Council’s Economic Development Strategy and Community Strategic Plan.

2. To what extent is it proposed such data will be compiled 'in-house' and to what extent by external agencies?

The above data will continue to be sourced from external agencies including the ABS and/or commercial sources such as Profile.id. As is currently the case, data and information from these sources will then be compiled by Council staff into relevant information sheets and collateral.

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3. Where it is intended to provide further data on economic indicators compiled in-house and specific to the Local Government Area please briefly outline the methodology to be adopted.

The data will be sourced from external agencies including the ABS and/or commercial sources. Information sheets and other collateral put together by Council staff using this data will continue to be available through Council’s website and Council publications.

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ITEM NO: QWN 02 FILE NO: 012602.2014 SUBJECT: Question with Notice - Clr Stanley

Please address the following:

1. Please provide a list of all current reviews, reports, and other pieces of work that may directly affect the Liverpool CBD. (e.g. the traffic study etc)

a) City Centre Traffic Strategy - traffic study to identify traffic congestion issues and opportunities for improvement as well as traffic impact of future land use changes in the city centre.

b) Northumberland Street and Warren Service Way Car Parks - to assess the structural condition and serviceability of the car parking stations. This will also include an assessment of compliance of the structure with the Building Code of Australia as well as an assessment of structural adequacy of the perimeter pedestrian and vehicular safety barriers.

c) Urban Design - Request for Quotes for Bigge Park/ Medical Precinct, Macquarie Mall, "Eat" Street precinct, Linkages to the Georges River, Gateways . Current recommendation to Council involving costs of $573,591 to engage urban design expertise for these 5 projects. The Town Improvement Fund is the funding source. Timing of reports will be dependent on Council approval.

d) Baseline economic/property data - Request for Quote for work up to the value $150,000. Nil responses to initial Request for Quote. New process to be initiated .Source of funds proposed is the Town Improvement Fund. Report subject to responses.

e) City Centre Planning Control Review (as resolved at 30 October meeting - $50,000 committed)

f) Masterplanning of Key Sites – at this stage it only consists of establishing a steering committee as per 30 October Council resolution. Prior to establishment of this Committee an external provider was engaged to report on feasibility of strategic properties in the CBD. $20,000 had been committed.

g) Review of development opportunities for CBD properties to support CBD revitalisation program - $100,000 allocated at Council meeting of 2 December, 2013 from the property development reserve and is currently awaiting consideration by the Key Sites Master Planning Committee.

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Chairperson 40

2. The amounts allocated to complete the reports (and from where such allocation is made).

a) City Centre Traffic Strategy - $120,000 from the Liverpool City Centre Parking Strategy Reserve

b) Northumberland Street and Warren Service Way Car Parks - $50,000 from 2013-14 Council budget.

c) Redevelopment of Bigge Park – for Design and DA Master Plan - $15,900 Stage 1 Tender documentation - $16,935 Development Application - $665 Heritage Impact Statement - $3,600 Heritage Landscape Report - $6,138

3. Estimates of when such reports are due back to Council.

a) City Centre Traffic Strategy - May 2014

b) Northumberland Street and Warren Service Way Car Parks - March 2014

c) Urban Designs – if approved expected by June 2014.

d) Baseline economic/property data if commissioned data expected to be completed by May/June 2014.

4. Can you please advise the date that the plan made for Bigge Park was presented to Council (which was subsequently deferred), the length of the community consultation and the cost if available of making that plan?

a) Consultation for the Master Plan - March 2011

b) Adoption of the Master Plan by Council - 23 May 2011

c) Report to Council to accept the construction tender was submitted to the council meeting 6 February 2013, however Council resolved not to proceed.

d) Cost of master plan - $15,900 and tender documentation - $16,935

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ITEM NO: QWN 03 FILE NO: 012611.2014 SUBJECT: Question with Notice - Clr Shelton

On 30 October 2013 Council in its general meeting purported by Mayoral minute to establish a ‘Master Plan Steering Committee’, being a committee of Council.

This Committee apparently met on 4 November 2013 at 4:30pm after approximately one hour’s notice was given by email to Councillors.

Regulation 262 of the Local Government (General) Regulation, 2005 provides:

Notice of committee meetings to be given:

1) The general manager of a council must send to each councillor, at least three days before each meeting of the committee, a notice specifying:

(a) the time and place at which and the date on which the meeting is to be held, and

(b) the business proposed to be transacted at the meeting.

2) However, notice of less than three days may be given of a committee meeting called in an emergency.

It is also noted in passing that the relevant Mayoral minute contained language to the effect that meetings of this committee could be convened as ‘required’ as determined by the Mayor.

Accordingly, answers are sought to the following questions:

1. Who convened the meeting?

At approximately 8.00pm on Saturday 2 November 2013, the Mayor requested that a Master Plan Steering Committee meeting be held on Monday 4 November 2013. The Chief Executive Officer subsequently organised a meeting for that date.

2. When was it convened?

The meeting was held on Monday 4 November 2013 at 4.30pm.

3. Was there an emergency? If so, what?

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No emergency was identified in the request.

4. What was the interval between when the meeting was convened and when notice of as much was given, and were there any circumstances that may have affected the giving of notice.

As the request for the meeting was made on a Saturday evening, notice could not be given until business hours resumed on Monday 4 November 2013.

5. Who attended, and of those who attended was any objection raised as to the short notice.

The following people were present at the meeting:

Mayor Ned Mannoun Deputy Mayor Mazhar Hadid Councillor Tony Hadchiti Chief Executive Officer Farooq Portelli Senior Policy Officer Shayne Mallard Minute Secretary Deborah Cuthbertson

There were no objections raised by the attendees in relation to the short notice. However, the CEO advised in the meeting that due notice needs to be provided for further meetings.

6. Is it disputed the meeting was convened in breach of Reg. 262 of the Local Government (General) Regulation, 2005, and if not what implication does that have for any business purportedly transacted at that meeting and what steps have been taken to ensure future committee meetings are properly convened with proper notice thereof being given.

At the Extraordinary meeting dated 2 December 2013, it was resolved:

That Council:

1. Notes the feedback was received in the meeting.

2. Defer all items that were discussed in the agenda to a new meeting.

3. Take no action on items that were resolved and discussed at the meeting.

Consequently no action has been undertaken regarding any decisions which were made at the meeting. The Chief Executive Officer has also instructed that in future, all notice of meetings is to be provided in line with Regulation 262 of the Local Government (General) Regulation, 2005.

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7. Has any external advice been sought in relation to the creation of this committee, the convening of its first meeting, and the giving of notice in relation thereto?

External advice has not been sought in relation to these issues. Internal advice has been received from Council’s Legal Services Division which states that the committee is valid and according to Section 374 of the Local Government Act 1993:

Proceedings at a meeting of a council or a council committee are not invalidated because of:

(a) a vacancy in a civic office, or (b) a failure to give notice of the meeting to any councillor or committee member, or (c) any defect in the election or appointment of a councillor or committee member, or (d) a failure of a councillor or a committee member to disclose a pecuniary interest, or to refrain from the consideration or discussion of, or vote on, the relevant matter, at a council or committee meeting in accordance with section 451, or (e) a failure to comply with the code of meeting practice.

In addition, Clause 243(3) of the Regulation states that, once adopted, a mayoral minute becomes a resolution of a council.

Clause 260(1) of the Regulation (also set out in clause 47 of the Code of Meeting Practice) states:

“A council must specify the functions of each of its committees when the committee is established, but may from time to time amend those functions.”

The Mayoral Minute identified the function for the committee as being to:

2. Develop master plans for the following sites (however not limited to):

 Chipping Norton Lakes  Northumberland Street Car Park  Bathurst Street Car Park  52 Scott Street Liverpool  Liverpool bus interchanged, adjacent vacant land on Bigge Street and the Southern section of Bigge Park  33 Moore St, Liverpool  Woodward Park Precinct

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ITEM NO: QWN 04 FILE NO: 016988.2014 SUBJECT: Question with Notice – Mayor Mannoun

In a memo sent to Councillors dated the 15th of January 2014 regarding draft amendment 39 to the LLEP 2008, the CEO states:

"It is proposed to seek further Council direction on these matters at the next Councillor Briefing Session."

An extract of the memo is below.

reclassifying this land. This matter is now on hold following the decision at the 2 December 2013 meeting.

It is proposed to seek further Council direction on these matters at the next Councillor Briefing Session.

1. Is it legal for the CEO to 'seek further direction' from a Council Briefing Session? Yes or no?

To put full context to this matter I attach a copy of the full memorandum to councillors (Attachment A).

In addition, I provide the following background information.

Amendment 27 to the LLEP 2008 covered a range of changes to the LLEP including flood prone land mapping, density provisions in Middleton Grange and the proposed rezoning and re-classification of Lot 4221 Wilson Road Green Valley. The balance matters were deferred at that time and now form Amendment 39 to the LLEP 2008. Attachment B provides a history of previous council considerations in these matters.

On 2 December, council resolved to “defer this item”, without any other direction or explanation. The resolution to “defer this item.” provided no time frames and effectively leaves staff without any clear instruction which has a negative community and organisational impact.

In order progress these matters it is appropriate to receive some direction or clarity from councillors before preparing another report to council. A council briefing session is the appropriate forum.

It is legal and appropriate for the CEO to seek further direction and raise matters of concern with council in any form where all councillors are invited to attend.

It is completely inappropriate however, to suggest by implication in the nature of the

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Chairperson 45 question being put in a public meeting, that there may be a question of illegal actions.

2. Please explain the above answer?

Refer answer 1 above and 4 below.

3. What document sets out the framework for Council Briefing Sessions?

Councillors Briefings Terms of Reference

4. In that document what does it say about the CEO asking for or getting 'direction from Council' at briefing sessions?

The councillor briefings terms of reference says in part “Councillor Briefings provide an opportunity for conducting in-depth discussions with professional staff on certain topics. Formal decisions are not made at briefings but these sessions provide the time needed to explore important and complex issues in detail.”

Given the lack of clarity surrounding the resolution of the 2 December meeting to “defer this item” and council officers obligations to act on resolutions, discussing this matter at a briefing session was a means of obtaining councillor direction to serve the best interests of the community.

The purpose of seeking direction was to advise councillors of the implications of their decision in early December and seek some feedback as to when they would be expecting a report back to council and ascertain what their concerns were in indefinitely deferring this matter to the detriment of Liverpool. The feedback (direction) sought does not imply decision making as there is every intention and requirement by the resolution of 2 December 2013 to provide a report to council to make decisions.

As a result of the briefing session that did in fact take place, council officers are of the view that a report to council should separately make recommendations in regard to the three matters referred to regarding draft amendment 39 to the LLEP 2008, namely, flood prone land mapping, density provisions in Middleton Grange and the proposed rezoning and re-classification of Lot 4221 Wilson Road Green Valley. Accordingly, the matter was not only legally raised at council briefing, but has resulted in a positive outcome.

5. Who can legally give direction the CEO?

Council’s governing body through resolutions of council and various council policy documents. The CEO has responsibility for the efficient and effective operation of the council’s organisation and for ensuring the implementation, without undue delay, of decisions of the council. The mayor has the role in the day-to-day management of

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Chairperson 46 the general manager such as approving leave, approving expenses incurred, and managing complaints about the general manager.

The mayor or councillors individually however, cannot give legal directions to the CEO.

Farooq Portelli Chief Executive Officer

ATTACHMENTS 1. Councillor memorandum 15 January 2014 2. Amendment 27 and Amendment 39 chronology to January 2014

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THE MEETING CLOSED AT 8:55pm.

Name: Ned Mannoun Title: Mayor Date: 26, February, 2014 I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 5, February, 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

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Chairperson 1

MINUTES OF THE EXTRAORDINARY MEETING HELD ON 25 FEBRUARY 2014

(INCLUDING ITEMS LISTED FOR THE ORDINARY MEETING OF 26 FEBRUARY 2014)

PRESENT: Mayor Ned Mannoun Deputy Mayor Hadid Councillor Hadchiti Councillor Harle Councillor Karnib Councillor Mamone Councillor Ristevski Councillor Shelton Councillor Stanley Councillor Waller Ms Julie Hately, Accting Chief Executive Officer Mr Michael Cullen, Acting Executive Director Ms Billie Sankovic, Group Manager Strategy and Executive Mr Matthew Walker, Group Manager Business Excellence Ms Kiersten Fishburn, Group Manager Community and Culture Mr Gino Belsito, Group Manager City Presentation Ms Nadia Napoletano, Group Manager Governance Mr Raj Autar, Group Manager Infrastructure and Environment Ms Carole Todd, Acting Group Manager Planning and Growth

The meeting commenced at 6:01pm

OPENING 6:01PM

PRAYER The prayer of the Council was read by Paster John Keane from West Hoxton Community Church.

APOLOGIES Councillor Balloot

Motion: Moved: Clr Waller Seconded: Clr Karnib

On being put to the meeting the motion was declared CARRIED.

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DECLARATIONS OF INTEREST Clr Harle declared a non-pecuniary (less than significant) interest in the following item for the 26 February 2014 Council meeting: Item: NOM 05: Provision of Infrastructure and Council Reserves Reason: Clr Harle has family members living in the Warwick Farm Community.

Clr Harle will not leave the Chambers for the duration of this Item.

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NOTICES OF MOTION

ITEM NO: NOM 01 FILE NO: 2014/0335 SUBJECT: Bring forward the Council Agenda items for 26 February 2014 meeting

NOTICE OF MOTION

That Council bring forward the Ordinary Council Meeting Agenda items scheduled for 26 February 2014 meeting for consideration at this Extraordinary meeting.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Clrs Shelton, Waller, Stanley and Karnib asked that they be recorded as voting against the motion.

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ITEM NO: NOM 02 FILE NO: SUBJECT: Cancel the Ordinary Council meeting scheduled for 26 February 2014

NOTICE OF MOTION

That Council cancel the Ordinary Council meeting scheduled for 26 February 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Clrs Waller, Karnib, Stanley and Shelton asked that they be recorded as voting against the motion.

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ITEM NO: NOM 03 FILE NO: SUBJECT: Discuss Council’s Tree Planting Strategy

NOTICE OF MOTION That Council discuss the Tree Planting Strategy.

COUNCIL DECISION That Council discuss the Tree Planting Strategy at the end of this meeting.

Motion: Moved: Mayor Mannoun Seconded: Clr Ristevski

That this recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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CONDOLENCES - PAT FOLDES

Clr Waller read the condolences at the Council meeting for the passing of Pat Foldes on 10 February 2014.

Pat was nominated for Liverpool City Council gold medallion, which is for “Companion of the Order of Liverpool”. Pat was honoured for her outstanding contribution to the Liverpool community for over 25 years, where she has volunteered her time to many different community organisations. Pat also through Liverpool Quota, attended:

 A National Tree Planting each year  A Red Cross Programme  School Breakfasts at a local schools  Collected for Daffodil Day at local shopping centres  Court support on behalf of Sisters of Charity for 10 years.  On Board for Meals on Wheels  And helped at Quota’s Bunnings Barbeques.  She was well known for her community service and will be very missed

Motion: Moved: Clr Waller Seconded: Clr Hadchiti

That Council express its deepest condolences for the recent passing of Pat Foldes and a letter of Condolence be sent to her family.

On being put to the meeting the motion was declared CARRIED.

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CONFIRMATION OF MINUTES

That the minutes of the Ordinary Meeting held on 5 February 2014 be confirmed as a true record of that meeting.

Motion: Moved: Clr Hadid Seconded: Clr Harle

On being put to the meeting the motion was declared CARRIED.

PUBLIC FORUM

Presentation (Items not on agenda)

1. Mr Henry Jacotine addressed Council on the following matter:

Vandalism on fence opposite Inspire Church at corner of Hoxton Park Rd and Spire Court, Hoxton Park.

2. Ms Pauline Rowe addressed Council on the following matter:

Provided feedback on the Liverpool Elected Leaders Community Forum held in Bringelly on 19/2/14 and in particular discussed the proposed Badgerys Creek airport.

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That a three minute extension of time be given to Ms Pauline Rowe.

On being put to the meeting the motion was declared CARRIED.

Representation (items on agenda)

1. Mr Mauro Poletti addressed Council on the following item: Item – NOM 05 Provision of Infrastructure and Council Reserves

2. Mr Eddie Cockrell addressed Council on the following item: Item – GMEE 01 Community Donations, Grants and Sponsorship

3. Mr Gerrard Turrisi addressed Council on the following item: Item – GMPG 01 DA1024/2013: Alterations and additions to existing dwelling, 40 Newbridge Rd, Chipping Norton.

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That a three minute extension of time be given to Mr Gerard Turrisi.

On being put to the meeting the motion was declared CARRIED.

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4. Mr Brad McAndrew addressed Council on the following item: Item – GMPG 02 Modification to Development Consent 1321/2011. Corner of Warwick St, Manning St, Hume Hwy and Governor Macquarie Dr, Warwick Farm.

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MAYORAL MINUTE

Subject: Sponsorship YMCA Swimathon

Report: The YMCA Swimathon is the YMCA’s biggest fundraiser. It aims to ensure that people living with a disability do not miss out on a chance to take part in vital water survival skills and swimming lessons. Funds raised are used to purchase special equipment such as pool hoists and lifts, water wheelchairs, aquatic slings and float seats. Funds also go towards creating a localised fund to help local swimmers in the Liverpool area.

The YMCA NSW Swimathon is being held this Sunday at the Whitlam Leisure Centre and I have agreed to participate and ask Council to sponsor the event.

Moved: Mayor Mannoun

That Council allocates $3,000 from the Councillor Reserve to sponsor the YMCA Swimathon.

On being put to the meeting the motion was declared CARRIED.

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NOTICES OF MOTION

ITEM NO: NOM 01 FILE NO: 034311.2014 SUBJECT: Children Pedestrian Safety - Cecil Hills Public School

NOTICE OF MOTION

That Council:

1. Address the issues that have been raised in the correspondence received from Mr Michael Botfield Cecil Hills Public School Roads and Pedestrian Safety Working Group.

2. Report to Council at its March 2014 meeting of the steps that will be taken to implement the requests within the correspondence.

3. Implement traffic calming devices, school signs, speed signs and pedestrian crossing with any other applicable options so that improvements in safety will be available for students and parents using the School from Term 2 2014.

4. Advise relevant stakeholders such as the RMS and Police Local Area Commands of the issues raised by the School and Councils intention to address the situation faced by Parents at the School.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: NOM 02 FILE NO: 034343.2014 SUBJECT: Use of Recreation and Open Space by Business for Profit

NOTICE OF MOTION

That Council:

1. Investigate the implementation of a fee for profit businesses using Council's recreation and open space areas or sporting fields.

2. Report back to Council at its April 2014 meeting with a view for implementation 1 July 2014.

3. Any application to waive the charge are to follow guidelines already in place in Policy for reduction or waiver of Council fees and charges (as adopted 27 February 2013).

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That Council:

1. Investigate the implementation of a fee for profit businesses, including local schools usage of Council's recreation and open space areas or sporting fields.

2. Report back to Council at its April 2014 meeting with a view for implementation 1 July 2014.

3. Note that any application to waive the charge are to follow guidelines already in place in Policy for reduction or waiver of Council fees and charges (as adopted 27 February 2013).

On being put to the meeting the motion was declared CARRIED.

Division called:

Vote For: Clr Harle Clr Karnib Clr Mamone Clr Shelton Clr Stanley Clr Waller

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Vote Against: Mayor Mannoun Clr Hadchiti Clr Hadid Clr Ristevski

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ITEM NO: NOM 03 FILE NO: 034361.2014 SUBJECT: Consistency in Council Policies and Documents

NOTICE OF MOTION

That Council:

1. Review Council's Code of Meeting Practice and change all references to time to be expressed in business or working days.

2. Present changes for adoption at the next meeting of Council

3. Implement this standardisation to all other policies and documents of Council.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That Council:

1. Review Council's Code of Meeting Practice and change all references to time to be expressed in ordinary days.

2. Implement this standardisation to all other policies and documents of Council.

3. Continue to receive updates on policies as they fall due.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 14

ITEM NO: NOM 04 FILE NO: 034365.2014 SUBJECT: Petitions

NOTICE OF MOTION

That:

1. Petitions received by Council that:

1.1 relate to traffic issues; 1.2 ideas to improve the LGA; or 1.3 relate to matters that have an LGA wide impact;

be attached to the Correspondence item on the Council Business papers and when necessary be provided under confidential cover.

2. Council notes that it already receives notifications of DA submissions and does not require those petitions to be captured in this process, nor matters that relate to private or public nuisance matters such barking dogs complaints and neighbourhood disputes.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Hadid

That petitions received by Council be attached to the Correspondence item on the Council Business papers and provided under confidential cover.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: NOM 05 FILE NO: 034386.2014 SUBJECT: Provision of Infrastructure and Council Reserves

NOTICE OF MOTION

1. That from the funds presently held in the Internal Reserve known as the "Iconic Building Reserve" the sum of six million dollars shall forthwith be transferred to a reserve to be known as the 'Warwick Farm Industrial Precinct Access Road Reserve'.

2. That subject to the recommendations of the Warwick Farm Steering Committee, Council calls for tenders from suitably qualified organisations to carry out all design and construction work associated with the proposed access road.

3. That the remaining funds held in the Iconic Building Reserve shall forthwith be transferred to a 'Liverpool City Council Western Depot Expansion Reserve', and a report as to options for the expansion of the Council's Western depot shall be presented to Council in its April meeting.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Harle

That Council:

1. Commits its support to building a bypass road at Warwick Farm.

2. Sets aside funds from various Council Reserves and from the 2014/15 budget to construct a bypass road in Warwick Farm.

3. Prepares detailed plans for tender for the construction of this road.

4. Writes to the relevant land owners which may be affected by the construction of this road with the intention to facilitate the construction of the road.

5. Consults with the Warwick Farm Steering Committee on the above four points.

Amendment: Moved: Clr Waller Seconded: Clr Stanley

That Council:

1. Commits its support to building a bypass road at Warwick Farm.

2. Ascertain the full costings of such a road and such funds to be allocated from future budgets.

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3. Prepare detailed plans for such a road.

4. Bring a report back to Council containing points 1, 2 and 3 above.

On being put to the meeting the Amendment was declared LOST.

The motion was then voted on and the motion was declared CARRIED.

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STRATEGY AND EXECUTIVE REPORT

ITEM NO: GMSE 01 FILE NO: 030256.2014 SUBJECT: Mayoral Expenditure Quarterly Report - October to December 2013

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That Council:

1. Notes an administrative error in the minuting of the Council Resolution of GMGO 03 of 30 October 2013 and amends these minutes to correctly read:

“That all expenditure and reimbursement made to the Mayor via his or her credit card be reported to Council quarterly.”

2. Notes that to date, the Mayor has not taken up the option for a council issued credit card and therefore there has been no expenditure and reimbursements via this method for the October to December 2013 quarter.

3. Receives a quarterly report on all expenditure and reimbursements made to the Mayor via his or her credit card if and when the Mayor takes up the option of a council issued credit card.

On being put to the meeting the motion was declared CARRIED.

Mayor Mannoun left the Chambers at 7.24pm. The Deputy Mayor, Clr Hadid took the chair. Clrs Mamone, Ristevski and Hadchiti left the Chambers at 7.37pm. Clr Ristevski returned to the meeting at 7.43pm Mayor Mannoun returned to the Chambers at 7.44pm and resumed the chair. Clr Hadchiti returned to the meeting at 7.46pm Clr Mamone returned to the meeting at 7.48pm.

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ITEM NO: GMSE 02 FILE NO: 033914.2014 SUBJECT: December 2013 Performance Report

RECOMMENDATION

That Council:

1. Receives and notes the December 2013 Performance Report which outlines the progress of all principal activities contained in the Delivery Program 2013-17 from July to December 2013.

2. Allows the Chief Executive Officer to make a presentation on progress made in the July to December 2013 period with a copy of the presentation forming part of the minutes of the meeting.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Note, the presentation referred to in point 2 of the resolution can be found on pages 19 to 23.

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BUSINESS EXCELLENCE REPORT

ITEM NO: GMBE 01 FILE NO: 024890.2014 SUBJECT: Statutory Investment Report January 2014

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: GMBE 02 FILE NO: 025277.2014 SUBJECT: December 2013 Budget Review

RECOMMENDATION

That Council:

1. Receives and notes the report.

2. Votes the identified budget variations in accordance with this report.

3. Address the deficit as part of the March Quarter Review

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ECONOMY AND ENGAGEMENT REPORT

ITEM NO: GMEE 01 FILE NO: 025907.2014 SUBJECT: Community Donations, Grants and Sponsorship

RECOMMENDATION

That Council:

1. Endorses the Financial Contribution Panel's recommendations for the provision of $1,100 under the Sporting Donations Program as summarised in the table below:

Applicant name Amount Maddyson Morrison $100 Anthea Michael $100 Chanice Beque $100 Abdo Youssef $100 Rhys Henriques $100 Thalia Hextall $100 Cleo Mayer $200 Thomas Carroll $200 Meegan Jimenez $100

2. Endorses the Financial Contributions Panel's recommendations for the provision of $20,000 under the Men’s Shed One-off Grants Program as summarised in the table below:

Applicant name Amount Liverpool District Men’s Shed Incorporated $20,000

3. Endorses the Financial Contributions Panel's recommendations for the provision of $3,000 under the Corporate Sponsorship Program as summarised in the table below:

Applicant name Amount Big Picture Film Festival $6,500 cash plus $1,000 in-kind support Total =$7,500 Eggtober Foundation $2,500 Cancer Council $1,000 cash plus in-kind support $5,400 Total =$6,400 Australian Turf Club $5,000

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COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: GMEE 02 FILE NO: 026071.2014 SUBJECT: Donations Policy

RECOMMENDATION

That Council adopts the Donations Policy.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Mayor Mannoun

That Council adopts the Donations Policy with the following amendments:

1. The following three mechanisms for the allocation of donations and grants referred to in point 4 “Policy Statement” to read as follows:

1. Community Grants – open 2. Small Grants – open 3. Youth Donations – open

2. The following changes be made to the eligibility for the Sporting Donations Program (under 9.5 of the Donations Policy);

- Delete the first dot point which refers to the age restriction, which currently reads;

“Competitors must be under 24 years of age at the time of competition, with the exception of people with a disability.”

- Delete the second and third dot points, which currently read;

“Sporting donations are granted on the understanding that representative teams are selected by a recognised regional, state or national sporting body. Council will only accept organisations with direct links to the National Sporting Organisations (NSO) recognised by the Australian Sports Commission, as the official governing body for the sport. Where the body selecting participants is not deemed to be linked to a National Sporting Organisation, an applicant is ineligible.”

“Sporting donations are granted on the understanding that representative teams are chosen on the basis of merit or through the achievement of a qualifying criteria. Where participation at an event is done on the basis of ‘self-

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selection’ or ‘self-nomination’ and proof of meeting qualifying criteria is not provided, an applicant is ineligible.”

On being put to the meeting the motion was declared CARRIED.

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That Council have a 15 minute recess.

On being put to the meeting the motion was declared CARRIED.

Council meeting resumed at 8:34pm.

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INFRASTRUCTURE AND ENVIRONMENT REPORT

ITEM NO: GMIE 01 FILE NO: 026541.2014 SUBJECT: Tender WT2302 - Design and Construction Pool Backwash Treatment System at Whitlam Leisure Centre

RECOMMENDATION

That Council:

1. Adopts the recommendation put forward in the confidential report provided under separate cover.

2. Keeps confidential the details supplied under separate cover containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That Council:

1. Accepts the tender from Neverstop Water Harvesting Pty Ltd for WT2302 – Design and Construction of Pool Backwash Treatment System at Whitlam Leisure Centre at the GST inclusive price of $532,854.80.

2. Makes public its decision regarding tender WT2302 – Design and Construction of Pool Backwash System at Whitlam Leisure Centre.

3. Notes that the Executive Director will finalise all details and sign the letter of Acceptance following publication of draft Minutes on Council Website for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

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ITEM NO: GMIE 02 FILE NO: 027507.2014 SUBJECT: Tender WT2313 - Supply and Install Boat Ramp and Pontoon at Davy Robinson Reserve

RECOMMENDATION

That Council:

1. Adopts the recommendation put forward in the confidential report provided under separate cover.

2. Keeps confidential the details supplied under separate cover containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Mamone

That Council:

1. Accepts the tender from Land Marine Ocean Engineering Pty Ltd for Tender WT2313 Supply and Install Boat Ramp and Pontoon at Davy Robinson Reserve for the GST inclusive price of $707,663.00.

2. Makes public its decision regarding WT2313 Supply and Install Boat Ramp and Pontoon at Davy Robinson Reserve.

3. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential all details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

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PLANNING AND GROWTH REPORT

ITEM NO: GMPG 01 FILE NO: 025695.2014 SUBJECT: Development application DA-1024/2013: Alterations and additions to existing dwelling - Lot 67 DP 657033 - 40 Newbridge Road, Chipping Norton

RECOMMENDATION

That Council:

1. Refuse Development Application DA-1024/2013 for the following reasons:

1.1 The subject seawall is inconsistent with Clause 5.9 (preservation of trees) of Liverpool Local Environmental Plan 2008 in so far as the construction necessitated the removal of pre-existing foreshore vegetation.

1.2 The subject seawall and associated tree removal and filling are inconsistent with Clause 7.6(a) to (e) (Environmentally Significant Land) of Liverpool Local Environmental Plan 2008.

1.3 The subject building additions and front fence are inconsistent with Clause 7.6(d) and (e) (Environmentally Significant Land) of Liverpool Local Environmental Plan 2008.

1.4 The subject building additions and front fence are inconsistent with Clause 7.8 (a), (b), (c), (e) and (f) (Flooding) of Liverpool Local Environmental Plan 2008.

1.5 The subject seawall and associated filling are inconsistent with Clause 7.9 (Foreshore Building Line) of Liverpool Local Environmental Plan 2008.

1.6 The subject building additions and front fence are inconsistent with Clause 1.1.9.6 (Flooding Risk) of Liverpool Development Control Plan 2008.

2. Progress enforcement actions in respect of the unlawful works.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That Council move into Committee of the Whole to discuss this item.

On being put the motion to move into Committee of the Whole was declared CARRIED.

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Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

Foreshadowed Motion: Moved: Clr Hadchiti Seconded: Clr Waller

That Council:

1. Defers DA-1024/2013 until Council officers present a report to Council outlining the basis of approval for 116 Newbridge Road, 7-11 Newbridge Road, 36-38 Rickard Road and 116a Newbridge Road.

2. Staff prepare a report and present to Council on any other DA that has been approved in the Moorebank Voluntary Acquisition Scheme in the last five years.

Motion: Moved: Clr Waller Seconded: Clr Hadchiti

That Council move out of Committee of the Whole and back into Open Council.

On being put to the meeting the motion to move back into Open Council was declared CARRIED.

On being put to the meeting the motion moved by Clr Stanley was declared LOST.

Vote For: Clr Harle Clr Shelton Clr Stanley

Vote Against: Mayor Mannoun Clr Hadchiti Clr Hadid Clr Karnib Clr Mamone Clr Ristevski Clr Waller

On being put to the meeting the foreshadowed motion moved by Clr Hadchiti became the motion and was declared CARRIED.

Voted For: Mayor Mannoun Clr Hadchiti Clr Hadid Clr Karnib

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Clr Mamone Clr Ristevski Clr Waller

Voted Against: Clr Harle Clr Shelton Clr Stanley

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ITEM NO: GMPG 02 FILE NO: 025801.2014 SUBJECT: Modification to Development Consent 1321/2011 pursuant to Section 96(2) of the EP&A Act 1979. Modification involve amendments to conditions relating to the loading dock, flooding and evacuation, public works, car parking and hours of operation

Lot 1 DP 1162276, Munday Street, (Located on the corner of Warwick Street, Manning Street, Hume Highway and Governor Macquarie Drive) Warwick Farm NSW 2170

RECOMMENDATION

That Council part approves Modification to Development Consent 1321/2011 pursuant to Section 96(2) of the EP&A Act 1979, comprising amendments to conditions relating to the loading dock, public works, car parking, and hours of operation, subject to the draft amended Notice of Determination attached.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That Council deal with this matter in the Closed Session section of this meeting in accordance with Section (10)A(2)(d) of the Local Government Act 1993 because the information contains commercial information of a confidential nature.

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ITEM NO: GMPG 03 FILE NO: 025982.2014 SUBJECT: Proposed Draft Amendment 39 to Liverpool Local Environmental Plan 2008 - Reclassification and rezoning of Lot 4221 Wilson Road Green Valley and minimum dwelling densities in Middleton Grange

RECOMMENDATION

That Council resolve to:

1. Reduce the minimum dwelling density in Middleton Grange from 30 dwellings per hectare to 28 and 23 dwellings per hectare to 21 as part of Draft Amendment 39 to LLEP 2008.

2. Amend the zoning to R2 Low Density Residential and the classification to operational for Lot 4221 Wilson Road, Green Valley as part of Draft Amendment 39 to LLEP 2008.

3. Send a copy of this report and Planning Proposal to the Department of Planning and Infrastructure seeking that the adopted amendments to the LLEP 2008 be made.

4. Confirm that upon gazettal of the rezoning and reclassification of Lot 4221 Wilson Road Green Valley that Council resolves to sell the land to the Islamic League Association of NSW in accordance with its decision of 25 July 2011.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Hadid Clr Karnib Clr Ristevski Clr Shelton Clr Stanley Clr Waller

Vote Against: Clr Hadchiti Clr Harle Clr Mamone

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ITEM NO: GMPG 04 FILE NO: 026414.2014 SUBJECT: Draft amendment to Liverpool Local Environmental Plan 2008 – Mapping three SEPPS

RECOMMENDATION

That Council:

1. Approves the planning proposal to amend the relevant maps of the Liverpool Local Environmental Plan 2008 (LLEP 2008) to show over what land the provisions of the following three State Environmental Planning Policies prevail over the LLEP 2008:

• Major Development (2005); • Region Growth Centres (2006); and • Western Sydney Parklands (2009).

2. Approves the planning proposal to delete Clause 7.21 of the LLEP 2008 and associated maps DLZ-009 and DLZ-013.

3. Prepares and forwards the planning proposal and relevant maps to the Minister for Planning & Infrastructure to undertake the amendment to the LLEP 2008 in accordance with Section 73A of the Environmental Planning and Assessment Act 1979.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

Councillors voted unanimously for this motion.

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ITEM NO: GMPG 05 FILE NO: 030434.2014 SUBJECT: Update on Class 1 Appeal against the refusal of DA-957/2010 - Use of subject site as a cemetery including demolition of the existing shed, conversion of existing dwelling into a caretakers cottage and office and construction of associated structures including shelters, amenities, front fence, roadways and landscaping

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

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COMMITTEE REPORTS

ITEM NO: CTTE 01 FILE NO: 025113.2014 SUBJECT: Local Traffic Committee Minutes of Meeting Held on 22 January 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Local Traffic Committee Meeting held on 22 January 2014.

2. Adopts the following recommendation of the Local Traffic Committee meeting:

Item 1 Kurrajong Road, Prestons – Proposed Roundabout, Signs and Line marking of section through new subdivision

i) The new roundabout, pedestrian refuge and regulatory signs and line markings for the new Kurrajong road section be approved.

ii) All Stake holders be advised of the outcome accordingly.

Item 2 Governor Macquarie Drive/Munday Street intersection treatment – Proposed line marking and signage

i) A detailed design plan including the speed zoning be submitted for further assessment and approval by the RMS.

ii) All stake holders be advised of the outcome accordingly.

Item 3 Cowpasture Road/Airfield Drive intersection treatment – Proposed line marking and signage

i) Developer be requested to enlarge the proposed median at the driveway in Airfield Drive to reinforce the approved left in/left out arrangement.

ii) All stake holders be advised accordingly.

Item 4 Norfolk Street, Liverpool – Parking Restrictions

i) Approve the introduction of 2P parking restrictions (9am-6pm Monday to Friday, 9am-12:30pm Saturday) along the northern and southern sides of Norfolk Street, Liverpool, between Bathurst Street and Castlereagh Street.

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ii) All stakeholders be advised of Council’s decision.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 02 FILE NO: 025826.2014 SUBJECT: Liverpool Access Committee Minutes of Meeting held 12 December 2013

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 12 December 2013.

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 03 FILE NO: 027230.2014 SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 4 December 2013

RECOMMENDATION

That Council receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 4 December 2013.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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CORRESPONDENCE REPORTS

ITEM NO: CORR 01 FILE NO: 027942.2014 SUBJECT: Incoming and Outgoing Correspondence Report

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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QUESTIONS WITH NOTICE

ITEM NO: QWN 01 FILE NO: 034496.2014 SUBJECT: Question with Notice - Clr Harle

Please address the following:

1. Legal Proceedings in relation to # 17 Manning Street regarding Transport company use of the property.

2. Status of Stables on Monday Street Warwick Farm; Proceedings re DA to convert the temporary status of stables constructed during world youth day in 2008, to permanent status.

3. Status of investigations into unapproved land fills at Bellfield College in Rossmore.

4. Status of unauthorised land fills at 235 Denhamcourt Rd, Denhamcourt.

5. Status of access to property lot 68 at Voyager Point.

6. What limitations if any, are imposed on the regular use of public parks and recreational areas by private Schools and Colleges in the Liverpool LGA?

Responses to the questions will be provided in the business paper for the next Ordinary Meeting on 26 March 2014.

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ITEM NO: GMPG 06 FILE NO: 033213.2014 SUBJECT: Progress Report for DA Reform

RECOMMENDATION

That Council receive and note the report.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

9.30pm - Extension of time to continue meeting

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That an extension of time of 30 minutes be granted to continue the meeting.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: GMPG 07 FILE NO: 038112.2014 SUBJECT: Modification to Development Consent 883/2007 pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979. Modifications involve changes to footpath in the public domain.

RECOMMENDATION

That Council refuse Section 96(1A) Modification Application DA-883/2007/B for the following reasons:

1. Insufficient information has been provided with the application to enable a complete and proper assessment of the application in accordance with Section 79c and Section 96 of the Environmental Planning and Assessment Act 1979. Specifically;

a. The applicant has not sought to modify the conditions 45 and 47 (Stage 1) and 34 and 35 (Stage 2) of DA-883/2007/A which are inconsistent with the submitted amended landscape plan; b. The applicant has not provided justification as to why a modification is sought has not been provided; and c. The applicant has not provided a detailed report as to how the amended landscape plan will address Liverpool CBD Street Tree & Landscape Strategy, and the Liverpool CBD Streetscape and Paving Guidelines.

2. Pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development is contrary to the objectives of Part 4 Development in Liverpool City Centre of Liverpool Development Control Plan 2008 relating to Landscape Design. Specifically, the proposal has not demonstrated that the proposed landscaping is consistent with the conditions of consent relating to the Liverpool CBD Street Tree & Landscape Strategy and the Liverpool CBD Streetscape and Paving Guidelines;

3. Pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed modifications would result in adverse impacts on the built (urban) environment as they are inconsistent with the streetscape pattern required within the Liverpool CBD Street Tree & Landscape Strategy and the Liverpool CBD Streetscape and Paving Guidelines; and

4. Pursuant to the provisions of Section 79C(1)(e) the proposed modifications are not considered to be in the public interest.

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

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Foreshadowed Motion: Moved: Mayor Mannoun Seconded: Clr Shelton

That Council:

1. Resolves to maintain the trees on Lachlan Street, Liverpool however understands that two trees on the corner may have to be removed.

2. Defers the application with delegation to the CEO to determine.

3. Allows the applicant to submit a design plan for the footpath along the street frontages of the development. The plan is to be prepared in consultation with an appropriate qualified arborist in particular relation to the existing trees in Lachlan Street, Liverpool and the decision is delegated to the CEO to agree to the detail of how the design meets the Council’s Paving and Tree Strategy or that is line with the surrounding properties and footpaths.

4. Resolves that a standard 1.2 metre footpath will be acceptable if needed to save the trees.

5. Amend the conditions of consent to reflect the above.

10.00pm - Extension of time to continue meeting

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That a further 30 minute extension of time be granted to continue the meeting to complete the business on the agenda.

On being put to the meeting the motion was declared CARRIED.

Foreshadowed Motion: Moved: Clr Hadchiti Seconded:

That Council:

1. In relation to section 96(1A) modification application DA-883/2007/B impose that the applicant provide for a 1.5 metre footpath along Lachlan Street.

2. Remove the two trees located on Lachlan and Northumberland Streets.

3. Note the footpath along Bathurst Street is consisting with the directly adjoining property.

Minutes of the Extraordinary Council Meeting held on Tuesday, 25 February, 2014 and confirmed on Wednesday, 26 March, 2014

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Chairperson 53

4. Treat the already laid concrete on Northumberland Street with a lacquer/ spray over to make it consistent with the adjoining property.

5. Amends/replace any conditions to reflect the points above.

Council staff advised that the foreshadowed motion moved by Clr Hadchiti was unworkable.

Clr Hadchiti requested that this foreshadowed motion be included in the minutes without a seconder and that it be noted that advice was provided by Council staff at the meeting that the motion was unworkable.

On being put to the meeting the motion (moved by Clr Stanley) was declared LOST.

Vote For: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller

Vote Against: Mayor Mannoun Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski

On being put to the meeting the foreshadowed motion (moved by Mayor Mannoun) became the motion and was declared CARRIED.

Vote For: Mayor Mannoun Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton Clr Waller

Vote Against: Clr Stanley

Minutes of the Extraordinary Council Meeting held on Tuesday, 25 February, 2014 and confirmed on Wednesday, 26 March, 2014

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Chairperson 54

ITEM NO: GMPG 08 FILE NO: 033983.2014 SUBJECT: Response to Motion of Urgency of Council Meeting 5th February 2014 relating to DA-883/2007/A - 24 Lachlan Street - (2-4 Bathurst Street Liverpool)

RECOMMENDATION

That Council:

Notes the content of this report for information.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Tuesday, 25 February, 2014 and confirmed on Wednesday, 26 March, 2014

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Chairperson 55

ITEM NO: CTTE 04 FILE NO: 029509.2014 SUBJECT: Minutes of Economic Development Committee meeting held 12 February 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Economic Development Committee Meeting held on 12 February 2014.

2. Pursue membership of the Western Sydney Airport Alliance.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Tuesday, 25 February, 2014 and confirmed on Wednesday, 26 March, 2014

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Chairperson 56

ITEM NO: CTTE 05 FILE NO: 029514.2014 SUBJECT: Minutes of Liverpool City Centre Revitalisation Committee meeting held 12 February 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Liverpool City Centre Revitalisation Committee Meeting held on 12 February 2014.

2. Approve funding of up to $50,000 from the Town Improvement Fund towards the appointment of the NSW Government Architect’s Office as facilitators of the Urban Design Process for the Liverpool City Centre Revitalisation process.

3. Seek the CEO to appoint a City Centre Revitalisation Project Manager for a term of up to three years, funded through the Town Improvement Fund.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Clrs Stanley, Waller and Clr Karnib asked that they be recorded as voting against the motion.

Minutes of the Extraordinary Council Meeting held on Tuesday, 25 February, 2014 and confirmed on Wednesday, 26 March, 2014

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Chairperson 57

ITEM NO: CTTE 06 FILE NO: 029523.2014 SUBJECT: Minutes of Tourism and Events Committee meeting held 12 February 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Tourism and Events Committee Meeting held on 12 February 2014.

2. Approves up to $15,000 for funding of the business networking lunch to leverage Council’s Wanderer’s Sponsorship. Funds are available from the Tourism and Events Reserve. Final costs of the luncheon to be provided to the Committee at a later date.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Clrs Stanley and Waller asked that they be recorded as voting against the motion.

Minutes of the Extraordinary Council Meeting held on Tuesday, 25 February, 2014 and confirmed on Wednesday, 26 March, 2014

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Chairperson 58

CTTE 07

ITEM NO: CTTE 07 FILE NO: 032290.2014 SUBJECT: Budget and Finance Committee Minutes

RECOMMENDATION

That Council:

Receives and notes the Minutes of the Budget and Finance Committee Meeting held on 12 February 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Tuesday, 25 February, 2014 and confirmed on Wednesday, 26 March, 2014

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Chairperson 59

ITEM NO: CTTE 08 FILE NO: 040204.2014 SUBJECT: Master Planning Steering Committee Minutes - 19 February 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Master Planning Steering Committee Meeting held on 19 February 2014.

2. Adopts the recommendation put forward in the confidential report provided under separate cover.

3. Keeps confidential the minutes supplied under separate cover containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That this item be deferred due to the late provision of the information to Councillors thereby not providing them with sufficient time to consider the information and its implications.

Foreshadowed Motion: Moved: Clr Hadchiti Seconded: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion moved by Clr Stanley was declared LOST. The Foreshadowed motion moved by Clr Hadchiti became the motion and was declared CARRIED on the Mayor’s casting vote.

CLOSED SESSION

Council moved into Closed Session at 10.01pm to deal with Item GMPG 02 in accordance with Section 10A(2)(d) of the Local Government Act 1993 as the information to be discussed contained commercial information of a confidential nature.

Minutes of the Extraordinary Council Meeting held on Tuesday, 25 February, 2014 and confirmed on Wednesday, 26 March, 2014

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Chairperson 60

ITEM NO: GMPG 02 FILE NO: 025801.2014 SUBJECT: Modification to Development Consent 1321/2011 pursuant to Section 96(2) of the EP&A Act 1979. Modification involve amendments to conditions relating to the loading dock, flooding and evacuation, public works, car parking and hours of operation

Lot 1 DP 1162276, Munday Street, (Located on the corner of Warwick Street, Manning Street, Hume Highway and Governor Macquarie Drive) Warwick Farm NSW 2170

RECOMMENDATION

That Council part approves Modification to Development Consent 1321/2011 pursuant to Section 96(2) of the EP&A Act 1979, comprising amendments to conditions relating to the loading dock, public works, car parking, and hours of operation, subject to the draft amended Notice of Determination attached.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Waller

That Council:

1. Defers the application for Modification to Development Consent 1321/2011 and delegates it to the CEO for determination.

2. Be provided with an update on the Warwick Farm Precinct from the ATC.

On being put to the meeting the motion was declared CARRIED

Voted For: Mayor Mannoun Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton Clr Stanley Clr Waller

Vote Against: Clr Hadchiti

Minutes of the Extraordinary Council Meeting held on Tuesday, 25 February, 2014 and confirmed on Wednesday, 26 March, 2014

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Chairperson 61

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That Council move back into Open Session at 10.29pm.

On being put the meeting the motion was declared CARRIED.

NOTICES OF MOTION

ITEM NO: NOM 03 FILE NO: SUBJECT: Discuss Council’s Tree Planting Strategy

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That Council defer discussing the Tree Planting Strategy to the next meeting.

On being put to the meeting the motion was declared CARRIED.

Meeting closed at 10:30pm

Minutes of the Extraordinary Council Meeting held on Tuesday, 25 February, 2014 and confirmed on Wednesday, 26 March, 2014

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Chairperson 62

THE MEETING CLOSED AT

Name: Ned Mannoun

Title: Mayor

Date: 26, March, 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 26, February, 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Minutes of the Extraordinary Council Meeting held on Tuesday, 25 February, 2014 and confirmed on Wednesday, 26 March, 2014

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Chairperson 1

MINUTES OF THE ORDINARY MEETING HELD ON 26 MARCH 2014

PRESENT: Mayor Ned Mannoun Deputy Mayor Hadid Councillor Balloot Councillor Hadchiti Councillor Harle Councillor Karnib Councillor Mamone Councillor Ristevski Councillor Shelton Councillor Stanley Councillor Waller Mr Farooq Portelli, Chief Executive Officeer Ms Julie Hately, Executive Director Ms Toni Averay, Acting Executive Directoor Ms Billie Sankovic, Group Manager Strategy and Executive Mr Matthew Walker, Group Manager Business Excellence Ms Kiersten Fishburn, Group Manager Community and Culture Mr Gino Belsito, Group Manager City Presentation Mr Michael Cullen, Group Manager Economy and Engagement Mr Raj Autar, Group Manager Infrastructture and Environment Ms Carrole Todd, Acting Group Manager Planning and Growth

The meeting commenced at 6:06pm.

OPENING 6:06pm

PRAYER The prayer of the Council will be read by Paster Gaby Eid from Arabic Christian Church, Liverpool.

APOLOGIES Nil

CONDOLENCES Nil

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 2

CONFIRMATION OF MINUTES

That the minutes of the Extraordinary Meeting held on 25 February 2014 be confirmed as a true record of that meeting. Motion: Moved: Clr Hadid Seconded: Clr Mamone

On being put to the meeting the motion was declared CARRIED.

DECLARATIONS OF INTEREST

Nil

PUBLIC FORUM

(Presentation – items not on agenda) Nil

(Representation – items on agenda)

1. Mr Gerard Turrisi addressed Council on the following item:

Item – GMPG 09 Development application DA-1024/2013: Alterations and additions to existing dwelling - Lot 67 DP 657033 - 40 Newbridge Road, Chipping Norton.

2. Mr Vlatko Nedelkoski addressed Council on the following item:

Item - NOM 09 Sv. Arhangel Gavril.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 3

NOTICES OF MOTION

ITEM NO: NOM 01 FILE NO: 034949.2014 SUBJECT: Solar Panels

NOTICE OF MOTION

That Council:

1. Receives a report at its meeting in April 2014 which discusses the addition of controls into the Liverpool DCP to address the installation and placement of solar panels.

2. Makes the necessary recommendations for the implementation of these changes.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 4

ITEM NO: NOM 02 FILE NO: 049349.2014 SUBJECT: Discuss Council’s Tree Planting Strategy

NOTICE OF MOTION

That Council discuss the Tree Planting Strategy.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Mamone

That the matter be referred to the City Revitalisation Committee for their consideration.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 5

ITEM NO: NOM 03 FILE NO: 052547.2014 SUBJECT: Commending staff for International Women’s Day event

NOTICE OF MOTION

That Council commends the Group Manager Community and Culture and her team and everyone involved on a job well done in organising the International Women’s Day event on Friday 7 March 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 6

ITEM NO: NOM 04 FILE NO: 053412.2014 SUBJECT: Closing Times of Ordinary Meetings of Council

NOTICE OF MOTION

That Council amends the Code of Meeting Practice by inserting the following after 5 (2) "without the possibility of further extension beyond 10:00pm" at page 7 under Ordinary meetings of Council.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadchiti

That Council:

1. Amends the Code of Meeting Practice by inserting the following after 5 (2) "without the possibility of further extension beyond 10:00pm" at page 7 under Ordinary meetings of Council.

2. Amends the order of business to allow for IHAP and DA matters requiring the determination by Council to be considered consecutively.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 7

ITEM NO: NOM 05 FILE NO: 057315.2014 SUBJECT: Street Lighting in the CBD

NOTICE OF MOTION

That council:

1. Direct the CEO to conduct a monthly audit, using existing staff resources, on what street lights are not working in the CBD and report them to the appropriate responsible authorities. For the purpose of this motion the CBD is defined by:

- Starting from the intersection of Moorebank Ave and Newbridge Road leading to Terminus St and Lighthorse Bridge

- Bounded by Copeland St to the west and Campbell St to the north Terminus to the south and Bigge St the east including Lighthorse Bridge

2. Provide a monthly report to Councillors on the outcomes of the audit.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 8

ITEM NO: NOM 06 FILE NO: 057335.2014 SUBJECT: Budget and Finance

NOTICE OF MOTION

That Council forthwith applies the funds currently held in the 'Iconic Building Reserve' to the supplementation and expansion of Council's existing road maintenance delivery program with the intention of incorporating as much in Council's next budget.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared LOST.

Division called:

Vote For: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller

Vote Against: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 9

ITEM NO: NOM 07 FILE NO: 057401.2014 SUBJECT: Iconic Facility for the CBD

NOTICE OF MOTION

That Council

1. Allocate funds from the Iconic Building Reserve to build an iconic community facility within the CBD.

2. Provide a report to Council on possible locations and uses of such a facility in its May 2014 meeting after consulting with the Economic Development Committee, Tourism and Events Committee, CBD revitalisation committee, Master Planning Steering Committee, and a Councillor briefing session.

3. Conduct further community consultation after the May meeting of Council once a direction on possible options has been given by Council.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Division called:

Vote For: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski

Vote Against: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 10

ITEM NO: NOM 08 FILE NO: 057417.2014 SUBJECT: Supporting our Locals

NOTICE OF MOTION

That Council direct the CEO to provide a report to Council on how preference, if possible, can be provided to local business' in tenders and in supplying services to Council. Also whether the same preference can be provided to local residents when applying for jobs within Council.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Division called:

Vote For: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Karnib Clr Mamone Clr Ristevski Clr Stanley Clr Waller

Vote Against: Clr Harle Clr Shelton

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 11

ITEM NO: NOM 09 FILE NO: 057433.2014 SUBJECT: Sv. Arhangel Gavril

NOTICE OF MOTION

That Council waive the hire fee for the event.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 12

INDEPENDENT HEARING AND ASSESSMENT PANEL REPORT

ITEM NO: IHAP 01 FILE NO: 045024.2014 SUBJECT: Torrens title subdivision of two existing lots to provide a total of four lots (including two hatchet shaped lots) at 76-78 Alderson Avenue, Liverpool

RECOMMENDATION

That Council approve the application DA-1262/2013, subject to the recommended conditions attached to the IHAP Report and the following additional condition of consent:

1. The applicant must surrender development consent DA-1246/2007 prior to the issue of any Construction Certificate.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 13

Mayor Mannoun left the Chambers at 7.07pm.

The Deputy Mayor, Clr Hadid took the chair.

Mayor Mannoun returned to the meeting at 7.09pm.

ITEM NO: IHAP 02 FILE NO: 048545.2014 SUBJECT: Construction of two storey multi purpose hall for use as a Sunday school in association with the existing place of public worship at No. 6 Village Way, Wattle Grove

RECOMMENDATION

That Council:

1. Approves DA-836/2013 for the construction of a multi-purpose hall for use as a Sunday school in assocation with an existing place of public worship at 6 Village Way, Wattle Grove (Lot 2 DP840727), subject to the recommended conditions of consent attached to the IHAP report and the following amendments and additional condition of consent.

Amended Condition

65 Correction is required in the first line to “a total of forty one (41) car spaces instead of twenty eight (28) car spaces” as stated in this condition.

Additional conditions

63b Prior to the issue of an occupation certificate, “a traffic (parking) management plan as recommended by Council staff to maximize the use of onsite parking and to obviate the need for on street parking” is to be provided to the satisfaction of Council’s Traffic and Transport section.

52a The existing 15 spaces on site abutting Village Way to be constructed of permeable paving. This will assist in the establishment of the new plantings adjacent to these car spaces.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Stanley

That this matter be deferred and considered later at this meeting.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 14

ITEM NO: IHAP 03 FILE NO: 044381.2014 SUBJECT: Consolidation and Torrens title resubdivision of four existing lots into two lots and the dedication of land as a public road at 166-170 George Street, Liverpool

RECOMMENDATION

That Council approve Development Application No. DA-841/2013 subject to the attached draft conditions of consent.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 15

CHIEF EXECUTIVE OFFICER REPORT

ITEM NO: CEO 01 FILE NO: 053245.2014 SUBJECT: Local Government Reform - Local Government Act Taskforce Review

RECOMMENDATION

That Council:

1. Receive and note the report;

2. Write to the Taskforce Committee Chair offering to participate in a working party that considers the draft Bill developed as a result of implementing the reforms proposed in Taskforce Review.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 16

ITEM NO: CEO 02 FILE NO: 057585.2014 SUBJECT: Local Government Reform - Independent Local Government Review Panel Final Report

RECOMMENDATION

That Council:

1. Reiterates its support for local government reform and a revitalised system of local government.

2. Welcomes support for Liverpool as a regional centre through options for strengthening capacity and sub-regional leadership.

3. Endorses and submits the comments contained in this report to the Division of Local Government by 4 April 2014.

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Ristevski

That Council:

1. Reiterates its support for local government reform and a revitalised system of local government.

2. Welcomes support for Liverpool as a regional centre through options for strengthening capacity and sub-regional leadership.

3. Endorses and submits the comments contained in this report to the Division of Local Government by 4 April 2014 subject to the following changes:

Attachment 1 number 28 in the submission:

Amend from ‘support’ all the recommendations contained in Box 24 (of page 140 of attachments) to:

“Liverpool Council supports the recommendations in Box 24 with the clear exception of:

 Establishing a cooling off period after elections before a General Manager can be dismissed

 Requiring two thirds majority of Council to dismiss a General Manager.”

Minutes of the Ordinary Council Meeting held on Wednesday, 26 March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 17

Amendment: Moved: Clr Shelton Seconded: Clr Stanley

That Council:

1. Reiterates its support for local government reform and a revitalised system of local government.

2. Welcomes support for Liverpool as a regional centre through options for strengthening capacity and sub-regional leadership.

3. Endorses and submits the comments contained in this report to the Division of Local Government by 4 April 2014 subject to the following change:

That Council not support recommendation No 6 on page 70 of the agenda which states:

“Commission IPART to undertake the further review of the rating system focussed on;

 Options to reduce or remove excessive exemptions and concessions that are contrary to sound fiscal policy and jeopardise Councils’ long term sustainability (6.2).

 A more equitable rating of apartments and other multi-unit dwellings, including giving Councils the option of rating residential properties on Capital Improved Values, with a view to raising additional revenues where affordable (6.3)”

On being put to the meeting the Amendment (moved by Clr Shelton) was declared LOST.

On being put to the meeting the motion (moved by Clr Mamone) was declared CARRIED.

Clr Stanley asked to be recorded as voting against the motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 18

STRATEGY AND EXECUTIVE REPORT

ITEM NO: GMSE 01 FILE NO: 048577.2014 SUBJECT: 54th Floodplain Management Association Conference

RECOMMENDATION

That Council:

1. Receives and notes the program information of the Floodplain Management Association of NSW 54th Annual Conference – 20 May 2014 to 23 May 2014.

2. Nominate its delegates to attend the 2014 Floodplain Management Association Conference in Deniliquin from 20 May 2014 to 23 May 2014.

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Stanley

That Council:

1. Receives and notes the program information of the Floodplain Management Association of NSW 54th Annual Conference – 20 May 2014 to 23 May 2014.

2. Nominate Councillors Ristevski and Karnib to attend the 2014 Floodplain Management Association Conference in Deniliquin from 20 May 2014 to 23 May 2014.

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 19

ITEM NO: GMSE 02 FILE NO: 048798.2014 SUBJECT: 2014 National General Assembly of Local Government

RECOMMENDATION

That Council:

1. Nominates delegates to attend the 2014 National General Assembly of Local Government to be held on Canberra from Sunday 15 June – Wednesday 18 June 2014.

2. Puts forward the following motions:

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Balloot

That Council:

1. Nominates Clr Hadid as the delegate to attend the 2014 National General Assembly of Local Government to be held in Canberra from Sunday 15 June – Wednesday 18 June 2014 and Councillors Waller, Stanley, Karnib and Balloot to attend as observers.

2. Puts forward the following motions:

a. That the National General Assembly call on the federal government to confirm the government’s position in regard to the Badgerys Creek site as the second airport for Sydney. If Badgery’s Creek is the preferred site, call on the federal government to immediately:

 Undertake a comprehensive Environmental Impact Statement engaging the Council and community.

 Commit to funding related essential infrastructure including road and rail connections.

 Establish a multi-government taskforce to coordinate planning of the new airport.

b. That the National General Assembly call on the federal government to work in partnership with local and regional growth councils and provide additional resources to support the delivery of critical employment, infrastructure and services that meet the demands of a growing population.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 20

BUSINESS EXCELLENCE REPORT

ITEM NO: GMBE 01 FILE NO: 044189.2014 SUBJECT: Statutory Investment Report February 2014

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 21

COMMUNITY AND CULTURE REPORT

ITEM NO: GMCC 01 FILE NO: 049960.2014 SUBJECT: Honouring 100 Years of ANZAC and Liverpool's Military History

RECOMMENDATION

That Council:

1. Approve the allocation of $150,000 from the Council Reserve to be used towards the delivery of projects and activities honouring and commemorating the centenary of ANZAC.

2. Provides support to the RSL for the delivery of the annual Anzac Day dawn service including use of Bigge Park, use of Council event infrastructure, waste management, event delivery assistance and the provision of a wreath.

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Balloot

That Council:

1. Approve the allocation of $150,000 from the Council Reserve to be used towards the delivery of projects and activities honouring and commemorating the centenary of ANZAC.

2. Provides support to the RSL for the delivery of the annual Anzac Day dawn service including use of Bigge Park, use of Council event infrastructure, waste management, event delivery assistance and the provision of a wreath.

3. Staff consult with the Member for Hughes Mr Craig Kelly MP in regard to other opportunities to commemorate the centenary of ANZAC and Council offer appropriate assistance and resources.

4. That Council write to all local federal members of Parliament seeking their support.

On being put to the meeting the motion was declared CARRIED.

Division called:

Vote For: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski

Minutes of the Ordinary Council Meeting held on Wednesday, 26 March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 22

Vote Against: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 26 March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 23

ECONOMY AND ENGAGEMENT REPORT

Clr Hadchiti left the chambers at 7.36pm.

ITEM NO: GMEE 01 FILE NO: 047663.2014 SUBJECT: Stadium Feasibility Study

RECOMMENDATION

That Council:

1. Receives and notes the Preliminary Feasibility Study and its recommendations

2. Allocates $13,500 from the Professional Engagement Reserve to complete a professional prospectus document to assist in engagement with key external stakeholders to leverage support for a stadium in Liverpool

3. Makes representations to the NSW Premier and NSW Minister for Sports and Recreation in addition to the Office of Communities senior staff on the merits of Liverpool as the location for a stadium development.

4. Refers any master planning work in relation to a proposed stadium site to the Master Planning Steering Committee for consideration and possible recommendation to Council.

5. Engages in further discussions with the NRL and A-League with regards to supporting a stadium development in Liverpool with a view to securing a commitment of content from these sporting codes.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Mamone

That Council:

1. Receives and notes the Preliminary Feasibility Study and its recommendations

2. Allocates $13,500 from the Professional Engagement Reserve to complete a professional prospectus document to assist in engagement with key external stakeholders to leverage support for a stadium in Liverpool

3. Makes representations to the NSW Premier and NSW Minister for Sports and Recreation in addition to the Office of Communities senior staff on the merits of Liverpool as the location for a stadium development.

4. Allocates up to $60,000 from the Professional Engagement Reserve for the purpose of preparing a master plan for an entertainment precinct that would encompass the preferred stadium site

Minutes of the Ordinary Council Meeting held on Wednesday, 26 March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 24

5. Engages in further discussions with the NRL and A-League with regards to supporting a stadium development in Liverpool with a view to securing a commitment of content from these sporting codes.

Amendment: Moved: Clr Shelton Seconded: Clr Stanley

That Council:

1. Receives and notes the Preliminary Feasibility Study and its recommendations

2. Allocates $13,500 from the Professional Engagement Reserve to complete a professional prospectus document to assist in engagement with key external stakeholders to leverage support for a stadium in Liverpool

3. Makes representations, including providing a copy of the Feasibility Study to the NSW Premier and NSW Minister for Sports and Recreation in addition to the Office of Communities senior staff on the merits of Liverpool as the location for a stadium development.

4. Allocates up to $60,000 from the Professional Engagement Reserve for the purpose of preparing a master plan for an entertainment precinct that would encompass the preferred stadium site.

5. Engages in further discussions with the NRL and A-League with regards to supporting a stadium development in Liverpool with a view to securing a commitment of content from these sporting codes.

On being put to the meeting the amendment was declared CARRIED.

Division called:

Vote For: Mayor Mannoun Clr Balloot Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton Clr Waller

Vote Against: Clr Stanley

Clr Hadchiti returned to the meeting at 7.51pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 25

GOVERNANCE REPORT

ITEM NO: GMGO 01 FILE NO: 023796.2014 SUBJECT: Proposed Accommodation Plan and Building Upgrade Work at 33 Moore St Liverpool

RECOMMENDATION

That Council:

1. Notes in principle support for the preparation of an accommodation plan.

2. Approves the following:

2.1 Obtain reports from the relevant disciplines to develop the accommodation plan which includes providing floor plans/designs and budget estimates for the building upgrade at 33 Moore Street, Liverpool including plans on how to achieve a NABERS rating;

2.2 Investigate site/strata expansion potential opportunities for 33 Moore Street;

2.3 Receives a further report specifying budget estimates and programmed building upgrade works concerning the proposed accommodation plan for 33 Moore Street, Liverpool;

3. Keeps confidential the attachment supplied under separate cover containing the accommodation plan and spreadsheet pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

4. Authorises Council’s Delegated Officer to execute any document, under Power of Attorney, required to give effect to this Council Resolution.

COUNCIL DECISION

Motion: Moved: Clr Balloot Seconded: Clr Mamone

That this item be referred to the Master Planning Steering Committee for consideration.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 26

ITEM NO: GMGO 02 FILE NO: 037601.2014 SUBJECT: Proposed development of part of Lot 1 DP 510863, 20 First Avenue, Hoxton Park

RECOMMENDATION

That Council:

1. Proceeds with Option 2 and develops a part of Lot 1 DP 510863, 20 First Avenue, Hoxton Park, by subdividing the land in accordance with the concept plan provided in the confidential attachment;

2. In accordance with Section 32(5) of the Local Government Act 1993, transfers the net proceeds from the sale to the relevant Section 94 Contribution Plan;

3. Agrees to transfer the amount attributed to the 'Profit and Risk' factor into the Property Development Reserve;

4. Keeps confidential the attachment supplied under separate cover containing Council's development strategies and analysis, pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

5. Approves the expenditure from the Property Development Reserve to fund the development of the property as outlined in the confidential attachment.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That Council:

1. Agrees to proceed with Option 1 and sells a part of Lot 1 DP 510863, 20 First Ave, Hoxton Park, as an elglobo parcel of land by placing the property on the open market for sale by way of auction through a local real estate agent.

2. Approves the expenditure from the Property Development Reserve to fund any costs associated with selling or preparing the land for sale.

3. Set the reserve at the average of option 1 and option 2 as identified in the confidential booklet.

4. Authorises the CEO or his nominated officer to sign contracts on behalf of Council if such reserve is met.

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Chairperson 27

5. Keeps confidential the attachment supplied under separate cover containing Council's development strategies and analysis, pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 28

ITEM NO: GMGO 03 FILE NO: 043704.2014 SUBJECT: Development options of a part of Lot 3 DP 1045043, 6 Skipton Lane, Prestons

RECOMMENDATION

That Council:

1. Agrees to proceed with Option 1 and sell a part of Lot 3 DP 1045043, 6 Skipton Lane, Prestons, as an englobo parcel of land by placing the property on the open market for sale through a local real estate agent;

2. Notes that a further report will be submitted to Council once an acceptable purchase price for a part of Lot 3 DP 1045043, 6 Skipton Lane, Prestons has been negotiated for Council's approval; and

3. Keeps confidential the attachment supplied under separate cover containing Council's development strategies and analysis, pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

MOTION: MOVED:Clr Hadchiti SECONDED: Clr Mamone

That Council:

1. Agrees to proceed with Option 1 and sell a part of Lot 3 DP 1045043, 6 Skipton Lane, Prestons, as an englobo parcel of land by placing the property on the open market for sale by way of public auction through a local real estate agent;

2. Keeps confidential the attachment supplied under separate cover containing Council's development strategies and analysis, pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

3. Set the reserve at the amount identified in option 1 of the confidential booklet.

4. Authorise the CEO or his nominated officer to sign contracts on behalf of Council if such reserve is met.

5. Approves the expenditure from the Property Development Reserve to fund the development of the property as outlined in the confidential attachment.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 29

Adjournment of the meeting was called by the chair at 8.01pm

Council meeting resumed at 8:20pm

ITEM NO: GMGO 04 FILE NO: 044398.2014 SUBJECT: Acquisition of a part of Lot 7 DP 1053436, 70 Skipton Lane, Prestons for drainage purposes

RECOMMENDATION

That Council:

1. Approves the acquisition of a part of Lot 7 DP 1053436, 70 Skipton Lane, Prestons, for the price and terms outlined in the confidential attachment;

2. Upon settlement of the acquisition, classifies a part of Lot 7 DP 1053436, 70 Skipton Lane, Prestons as ‘Community’ land;

3. Keeps confidential the attachment supplied under separate cover containing the acquisition price pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

4. Authorises its delegated officer to execute any documents, under Power of Attorney necessary to give effect to this decision.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 30

INFRASTRUCTURE AND ENVIRONMENT REPORT

ITEM NO: GMIE 01 FILE NO: 044490.2014 SUBJECT: Pedestrian Safety at Cecil Hills Public School

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 31

ITEM NO: GMIE 02 FILE NO: 044748.2014 SUBJECT: Floodplain Management Committee

RECOMMENDATION

That Council:

1. Disbands the Floodplain Management Committee in view of the successful completion of its prime task of developing floodplain risk management plans and subsequent adoption of these by Council.

2. Continues to engage with the community to ensure that members of the community continue to have input in the management of Council’s floodplains.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 32

ITEM NO: GMIE 03 FILE NO: 062479.2014 SUBJECT: Warren Serviceway Car Park - Discount Fees and Charges

RECOMMENDATION

That Council:

1. Amends the fees and charges for the Warren Serviceway, Bathurst Street and Northumberland Street Carparks to include a corporate rate for companies operating in the Liverpool CBD. The corporate rate will be determined through negotiation with these companies for permanent parking.

2. In accordance with s610F of the Local Government Act 1993 advertises the proposed charges for a period of 28 days.

3. Receives a further report following the exhibition period.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Stanley

That Council:

1. Amends the fees and charges for the Warren Serviceway, Bathurst Street and Northumberland Street Carparks to include a corporate rate for companies operating in the Liverpool CBD. The corporate rate will be determined through negotiation with these companies for permanent parking.

2. In accordance with s610F of the Local Government Act 1993 advertises the proposed charges for a period of 28 days.

3. Receives a further report following the exhibition period.

4. Consider annual parking fees.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 33

PLANNING AND GROWTH REPORT

ITEM NO: GMPG 01 FILE NO: 026181.2014 SUBJECT: Amendment to Liverpool Local Environmental Plan 2008 - Rezoning of 115, 125, 135 and 215 Croatia Avenue, Edmondson Park

RECOMMENDATION

That Council:

1. Proceeds with the planning proposal seeking to amend the Liverpool Local Environmental Plan 2008 to rezone Part Lot 481 & Lot 482 DP 1173668 & Part Lot 45 & Part Lot 47 DP 228850 located on Croatia Avenue, Edmondson Park from SP2 (Educational Establishment) to R1 – General Residential and make the following map changes to the provisions relating to that site:

 Zoning Map LZN-009 – rezone land shown SP2 (Educational Establishment) to R1 General Residential

 Lot Size Map LSZ-009 – amend lot size from blank to “D” (Area 3)

 Dwelling Density Map DWD-009 amend dwelling density = blank to 17 dw/ha

 Land Reservation Acquisition Map LRA-009 – delete the identification of the site in yellow and marked “Educational Establishment SP2”.

2. Forwards the attached Planning Proposal to the Minister for Planning and Infrastructure seeking Gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979.

3. Writes to the relevant landowners to notify them of Council’s decision

4. Approves draft DCP amendment 14 for public exhibition which proposes the following amendments:

 A street layout over previous school sites,

 Adds a control relating to traffic calming,

 Relocates controls relating to Zero Lot Lines within Part 2.11 of LDCP 2008,

 Deletes controls relating to the town centre and 38dw/ha,

 Adds sections to Part 2.11 of LDCP 2008 regarding Secondary Dwellings (Studios).

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 34

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Clr Mamone left the Chambers at 8.23pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 35

ITEM NO: GMPG 02 FILE NO: 037066.2014 SUBJECT: Liverpool Local Environmental Plan 2008 - Zones applied along arterial roads and industrial zones in Prestons

RECOMMENDATION

That Council:

1. Receives a further report for the July meeting regarding residential land uses and lot width restrictions applicable to land zoned B6 Enterprise Corridor zone;

2. Receives a further report for the July meeting regarding rezoning the Roads and Maritime Services land on the corner of the T-Way and Hoxton Park Road to SP2 Infrastructure;

3. Receives a further report for the July meeting regarding the intersection design of the corner of Bernera Road and Kurrajong Road, Prestons to identify any land surplus to Council needs;

4. Receives a further report for the July meeting regarding rezoning land on on the Hume Highway, Casula between Crossroads and Myall Road;

5. Receives a further report for the July meeting regarding rezoning land at Orange Grove Road, Warwick Farm to B6 Enterprise Corridor;

6. Receives a further report for the July meeting regarding land on the Hume Highway at Liverpool and Casula and changes to restrictions on land in the B6 Enterprise Corridor zone;

7. Receives a further report for the July meeting regarding the potential to rezone residential land fronting Heathcote Road, Moorebank;

8. Receives a further report for the July meeting regarding rezoning the land in Prestons zoned IN1 General Industrial to IN2 Light Industrial; and

9. Receives a further report for the July meeting regarding a comprehensive review of the industrial zones in the Liverpool LEP 2008.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded:Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Note, Clr Mamone was not in the Chambers when this matter was voted on.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 36

ITEM NO: GMPG 03 FILE NO: 037594.2014 SUBJECT: Amendment to Liverpool Local Environmental Plan 2008 Macleod Park - Partial Rezoning & Reclassification

RECOMMENDATION

That Council:

1. Forwards a planning proposal to Planning and Infrastructure seeking a Gateway determination to rezone and reclassify a portion of Lot 3 DP 855930, being 290 Braidwood Drive, Prestons.

2. Proceeds with public authority consultation and public exhibition in accordance with the determination, subject to Gateway approval.

3. Receives a future report discussing development options for the portion of the park proposed to be rezoned and reclassified.

4. Notes that the outcomes of public authority consultation and public exhibition will be reported to Council in the future.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Note, Clr Mamone was not in the Chambers when this matter was voted on.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 37

ITEM NO: GMPG 04 FILE NO: 041895.2014 SUBJECT: Draft Amendment to Liverpool Local Environmental Plan 2008 - Draft Planning Proposal

RECOMMENDATION

That Council:

1. Endorses the attached Anomalies Planning Proposal (Amendment No.41) to be forwarded to Planning and Infrastructure seeking Gateway determination.

2. Subject to Gateway approval, proceeds with public authority consultation and public exhibition in accordance with the determination.

3. Notes that the outcomes of public authority consultation and public exhibition will be reported to Council in future.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Note, Clr Mamone was not in the Chambers when this matter was voted on.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 38

ITEM NO: GMPG 05 FILE NO: 042008.2014 SUBJECT: Liverpool Development Control Plan 2008 Draft Amendment 14 - Minor Amendments

RECOMMENDATION

That Council:

1. Publicly exhibits Amendment 14 to Liverpool Development Control Plan 2008 in accordance with Section 74C of the Environmental Planning and Assessment Act 1979 to facilitate the changes to Part 1 outlined in this report.

2. Receives a further report following the public exhibition period.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Note, Clr Mamone was not in the Chambers when this matter was voted on.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 39

ITEM NO: GMPG 06 FILE NO: 044137.2014 SUBJECT: Modification to Development Consent No DA-235/2011 at Lot 4 Bryant Avenue, Middleton Grange

RECOMMENDATION

That Council approves modification to Development Consent DA-235/2011 and amends:

Condition No.1 is amended to read as follows:

1. Development must be carried out in accordance with Development Application DA-235/2011, except where modified by Section 96 Modification No. DA-235/2011/A and DA-235/2011/B and the undermentioned conditions:

Description Drawing Sheet Date Prepared By No. Plan of Subdivision S1280-06 1 13/09/2010 Grinsell & Johns Pty Ltd Plan of Subdivision S1280-06 2 13/09/2010 Grinsell & Johns Pty Ltd Plan of Subdivision S1280-06 3 13/09/2010 Grinsell & Johns Pty Ltd Plan Showing 5026-MOD - 9/10/2013 Mepstead & Boundary Adjustment Associates to an Approved Subdivision

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Note, Clr Mamone was not in the Chambers when this matter was voted on.

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Chairperson 40

Clr Mamone returned to the meeting at 8.38pm.

ITEM NO: GMPG 07 FILE NO: 055816.2014 SUBJECT: Residential densities in rural and R5 zones - rationale

RECOMMENDATION

That Council:

1. Notes that planning in rural zones should primarily aim to:

 Protect the agricultural pursuits on good quality, large-lot land,

 Protect the rural/vegetated visual character of prominent land,

 Protect steeply sloping land from runoff created by impervious areas,

 Maintain large lot sizes in areas where there are large tracts of remnant bushland and environmentally sensitive land,

 Ensure the provision of access of residents to utility services and facilities, and

 Protect land likely to undergo future development.

2. Notes that residential densities and scale should be appropriately controlled in rural areas in accordance with state controls, such as Ministerial Direction 1.5 rural Lands, State Environmental Planning Policy (Rural Lands) 2008, and State Environmental Planning Policy Sydney Region Growth Centres 2006.

3. Notes the visual amenity of the Denham Court district and the need to ensure that the predominant landscape character of this area of Scenic Hills is maintained and that the imposition of additional dwellings into this significant landscape detracts from this character.

4. Notes that Amendment 28 which is currently with Planning and Infrastructure will amend the LEP to deliver greater flexibility in accordance with these principles and policies.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 41

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconder: Clr Hadchiti

That Council:

1. Notes that planning in rural zones should primarily aim to:

 Protect the agricultural pursuits on good quality, large-lot land,

 Protect the rural/vegetated visual character of prominent land,

 Protect steeply sloping land from runoff created by impervious areas,

 Maintain large lot sizes in areas where there are large tracts of remnant bushland and environmentally sensitive land,

 Ensure the provision of access of residents to utility services and facilities, and

 Protect land likely to undergo future development.

2. Notes that residential densities and scale should be appropriately controlled in rural areas in accordance with state controls, such as Ministerial Direction 1.5 rural Lands, State Environmental Planning Policy (Rural Lands) 2008, and State Environmental Planning Policy Sydney Region Growth Centres 2006.

3. Prepare and submit to the NSW Department of Planning and Infrastructure a planning proposal to apply to all land zoned RU2 Rural Landscape which makes permissible with consent, development for the purpose of a dual occupancy with a maximum gross floor area of 200sqm. The planning proposal is to make clear that this provision is to make permissible with consent attached dual occupancy.

4. Notes that Amendment 28 which is currently with Planning and Infrastructure will amend the LEP to deliver greater flexibility in accordance with these principles and policies.

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 42

ITEM NO: GMPG 08 FILE NO: 058361.2014 SUBJECT: Response to Council Resolution in regard to DA-1024/2013 - development approvals within Moorebank Voluntary Acquisition area

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 43

ITEM NO: GMPG 09 FILE NO: 052512.2014 SUBJECT: Development application DA-1024/2013: Alterations and additions to existing dwelling - Lot 67 DP 657033 - 40 Newbridge Road, Chipping Norton

Clr Balloot left the Chambers at 8.55pm. Clr Balloot returned to the meeting at 8:57pm. Clr Balloot left the Chambers at 9.10pm. Clr Waller left the Chambers at 9.21pm.

RECOMMENDATION

That Council:

1. Refuse Development Application DA-1024/2013 for the following reasons:

1.1 The subject seawall is inconsistent with Clause 5.9 (preservation of trees) of Liverpool Local Environmental Plan 2008 in so far as the construction necessitated the removal of pre-existing foreshore vegetation.

1.2 The subject seawall and associated tree removal and filling are inconsistent with Clause 7.6(a) to (e) (Environmentally Significant Land) of Liverpool Local Environmental Plan 2008.

1.3 The subject building additions and front fence are inconsistent with Clause 7.6(d) and (e) (Environmentally Significant Land) of Liverpool Local Environmental Plan 2008.

1.4 The subject building additions and front fence are inconsistent with Clause 7.8 (a), (b), (c), (e) and (f) (Flooding) of Liverpool Local Environmental Plan 2008.

1.5 The subject seawall and associated filling are inconsistent with Clause 7.9 (Foreshore Building Line) of Liverpool Local Environmental Plan 2008.

1.6 The subject building additions and front fence are inconsistent with Clause 1.1.9.6 (Flooding Risk) of Liverpool Development Control Plan 2008.

2. Progress enforcement actions in respect of the unlawful works.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ristevski

That Council seek advice on whether Council cannot approve the development and not take enforcement action where there will be no liability on Council. Council to note that there was an existing dwelling on the site.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 44

Foreshadowed Motion: Moved: Clr Shelton Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion moved by Clr Hadchiti was declared LOST

Vote For: Mayor Mannoun Clr Hadchiti Clr Mamone Clr Ristevski

Vote Against: Clr Hadid Clr Harle Clr Karnib Clr Shelton Clr Stanley

On being put to the meeting the foreshadowed motion moved by Clr Shelton became the motion and was declared CARRIED.

Vote For: Clr Hadid Clr Harle Clr Karnib Clr Stanley Clr Shelton

Vote Against: Mayor Mannoun Clr Hadchiti Clr Mamone Clr Ristevski

Councillors Waller and Balloot were not in the Chamber when this matter was voted on.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 45

9.22pm – Extension of time to continue meeting

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That an extension of time be granted to continue the meeting until 10.00pm.

On being put to the meeting the motion was declared CARRIED.

Clr Waller returned to the meeting at 9.24pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 46

ITEM NO: IHAP 02 FILE NO: 048545.2014 SUBJECT: Construction of two storey multi purpose hall for use as a Sunday school in association with the existing place of public worship at No. 6 Village Way, Wattle Grove

RECOMMENDATION

That Council:

1. Approves DA-836/2013 for the construction of a multi-purpose hall for use as a Sunday school in assocation with an existing place of public worship at 6 Village Way, Wattle Grove (Lot 2 DP840727), subject to the recommended conditions of consent attached to the IHAP report and the following amendments and additional condition of consent.

Amended Condition

65 Correction is required in the first line to “a total of forty one (41) car spaces instead of twenty eight (28) car spaces” as stated in this condition.

Additional conditions

63b Prior to the issue of an occupation certificate, “a traffic (parking) management plan as recommended by Council staff to maximize the use of onsite parking and to obviate the need for on street parking” is to be provided to the satisfaction of Council’s Traffic and Transport section.

52a The existing 15 spaces on site abutting Village Way to be constructed of permeable paving. This will assist in the establishment of the new plantings adjacent to these car spaces.

COUNCIL DECISION

MOTION: MOVED: Clr Hadchiti SECONDED: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Note, Clr Balloot was not in the Chambers for the vote on this item.

Clr Balloot returned to the meeting at 9.27pm.

Clrs Hadchiti and Hadid left the Chambers at 9.27pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 47

CLOSED SESSION

Motion: Moved: Mayor Mannoun Seconded: Clr Waller

That Council move into Closed Session to deal with a Mayoral Minute in accordance with Section 10A (2) (a) of the Local Government Act 1993 as the information to be discussed contained personnel matters concerning particular individuals other than Councillors.

On being put to the meeting the motion was declared CARRIED.

Council moved into Closed Session at 9.28pm.

Clr Hadchiti returned to the meeting at 9.28pm

Clr Hadid returned to the meeting at 9.29pm

Clr Stanley left the Chambers at 9.30pm

Clr Stanley returned to the meeting at 9:40pm

Motion: Moved: Clr Mamone Seconded: Clr Hadchiti

That Council move back into Open Session at 9.41pm.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26, March, 2014 and confirmed on Wednesday, 30, April, 2014

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Chairperson 48

MAYORAL MINUTE

Subject: Chief Executive Officer

Report: Liverpool City Council Chief Executive Officer Mr Farooq Portelli has announced his departure from the Council effective 1 July 2014.

In accepting Mr Portelli’s departure from Liverpool I want to acknowledge his ten years of service to the Council.

Mr Portelli joined the Council’s financial services area in 2004. This was a difficult and challenging time for Council as the Council had been dismissed and was under administration. His brief was to work with the Administrator to turn around Council’s finances. He excelled in this role proving his invaluable skills as a finance executive.

Mr Portelli’s period of service has been defined by major challenges including the 2010 fire that destroyed Council’s administration building where he was instrumental in leading the organisation through the recovery and relocation process. In one of the most challenging times in the history of this Council, Mr Portelli provided the 700 Council staff and community with stability and confidence in Council’s ability to quickly recover and continue to deliver services with minimum disruption.

Mr Portelli leaves the Council in a strong financial position following a period of significant external pressures including the Global Financial Crisis, rate pegging, cost shifting and the additional pressures that come with significant long-term growth. Liverpool has come a long way in the past decade. We are now a thriving city with both a sound financial and bright future. Mr Portelli has been a key part of this transformation.

In moving this Mayoral Minute I am joined by Councillors and staff in thanking Mr Portelli for his service to the Liverpool community and wish him and his wife well for the future.

I also wish to announce the appointment by Council of Mr Rob Nobble as the Acting Chief Executive Officer. Mr Nobble has an extensive background in local government and is the former CEO of Rockhampton City and Caboolture Shire Councils and was Acting General Manager of City of Newcastle.

Moved: Mayor Mannoun

(a) That the Chief Executive Officer’s Contract of Employment and the Chief Executive Officer’s employment be terminated under clauses 10.3.5 and 11.3 of the Contract of Employment.

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(b) Council comply with the matters outlined in the confidential Mayoral Minute relating to the Contract of Employment and the Deed of Release.

(c) That the Chief Executive Officer’s Office (which will fall vacant) be filled from 27 March 2014 for the period of the recruitment process or until further decided by Mr Rob Noble as Acting Chief Executive Officer.

(d) Further to recommendation (c), and that Council immediately commence the processes for the recruitment of a new Chief Executive Officer and that Council retain, on terms to be agreed, the services of Blackadder and Associates Pty Limited to advise and assist in the recruitment of a new Chief Executive Officer.

(e) Pursuant to the Office of Local Government Guidelines and the Local Government Act the selection panel for the purposes of interviewing and recommending to Council a person to fill the position of Chief Executive Officer shall be composed of the Mayor, Deputy Mayor, Councillor Peter Ristevski and Councillor Wendy Waller. Delegates to the Mayor the appointments of alternates should a member be unable to attend. All other Councillors are invited to attend the interview process as observers.

On being put to the meeting the motion was declared CARRIED.

Clr Hadid left the Chambers at 9.54pm.

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9.54pm – Extension of time to continue meeting

Motion: Moved: Clr Mamone Seconded: Clr Hadchiti

That a further 30 minute extension of time be granted to continue the meeting to complete the business on the agenda.

On being put to the meeting the motion was declared CARRIED.

Clr Hadid returned to the meeting at 9.57pm.

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COMMITTEE REPORTS

ITEM NO: CTTE 01 FILE NO: 034588.2014 SUBJECT: No Intermodal Committee Meeting Minutes of 11 February 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 11 February 2014.

2. Allocates $5000 from the Intermodal Fighting Fund to undertake filming of the Southern Sydney Freight Line from the Casula Powerhouse Arts Centre.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 02 FILE NO: 041376.2014 SUBJECT: Street Naming Committee minutes of meeting from 11 February 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Street Naming Committee Meeting held on 11 February 2014.

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 03 FILE NO: 041493.2014 SUBJECT: Heritage Advisory Committee Meeting minutes from 11 February 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Heritage Advisory Committee Meeting held on 11 February 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 04 FILE NO: 042581.2014 SUBJECT: Minutes and Meeting Notes of Liverpool Youth Council

RECOMMENDATION

That Council receives and notes the Minutes from the Liverpool Youth Council Meetings held 13 August 2013 and 4 February 2014, and Meeting Notes from meetings held 3 September 2013, 8 October 2013, 5 November 2013 and 3 December 2013.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 05 FILE NO: 045476.2014 SUBJECT: Minutes of Economic Development Committee meeting held 5 March 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Economic Development Committee Meeting held on 5 March 2014.

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 06 FILE NO: 045483.2014 SUBJECT: Minutes of Liverpool City Centre Revitalisation Committee meeting held 5 March 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Liverpool City Centre Revitalisation Committee Meeting held on 5 March 2014.

2. Accesses Kinesis services by licence on an as needs basis for its city centre precinct urban design work.

3. Approves engagement of an appropriately qualified firm to undertake visualisation work supporting city centre urban designs.

4. Notes that the total costs of these services are to be capped within the $150,000 budget originally envisaged for the exercise.

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Balloot

That Council:

1. Receives and notes the Minutes of the Liverpool City Centre Revitalisation Committee Meeting held on 5 March 2014.

2. Accesses Kinesis services by licence on an as needs basis for its city centre precinct urban design work.

3. Approves engagement of an appropriately qualified firm to undertake visualisation work supporting city centre urban designs.

4. Notes that the total costs of these services are to be capped within the $150,000 budget originally envisaged for the exercise.

5. That The Liverpool City Centre Revitalisation Committee name be changed to the ‘Building Our New City Committee’ and appropriate public notification be made.

On being put to the meeting the motion was declared CARRIED.

Clrs Shelton, Stanley and Waller asked that they be recorded as voting against the motion.

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ITEM NO: CTTE 07 FILE NO: 045489.2014 SUBJECT: Minutes of Tourism and Events Committee meeting held 5 March 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Tourism and Events Committee Meeting held on 5 March 2014.

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Clr Waller asked that she be recorded as voting against the motion.

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ITEM NO: CTTE 08 FILE NO: 046743.2014 SUBJECT: Environment Advisory Committee Meeting Minutes of 10 February 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Environment Advisory Committee Meeting held on 10 February 2014.

2. Continues detailed feasibility investigations to assess the suitability of the following additional sites to support a Community Nursery and Environmental Education Centre as an alternative to Casula Parklands, which is the currently approved site:

 Riverside Park, Chipping Norton  Throsby Park, Casula  MacLeod Park, Prestons

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 09 FILE NO: 047858.2014 SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 3 February 2014

RECOMMENDATION

1. The Minutes of the Aboriginal Consultative Committee Meeting held on 3 February 2014 are attached for the information of Council.

2. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 10 FILE NO: 048615.2014 SUBJECT: Budget and Finance Committee Minutes

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 5 March 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 11 FILE NO: 048688.2014 SUBJECT: Minutes of the Liverpool Access Committee 13 February 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 13 February 2014.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 12 FILE NO: 049844.2014 SUBJECT: Casula Powerhouse Arts Centre Board Minutes from Meeting 27 February 2014

RECOMMENDATION

That Council receives and notes the minutes of the Casula Powerhouse Arts Centre Board meeting held on 27 February 2014.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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CORRESPONDENCE REPORTS

ITEM NO: CORR 01 FILE NO: 047719.2014 SUBJECT: Incoming and Outgoing Correspondence Report

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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QUESTIONS WITH NOTICE

ITEM NO: QWN 01 FILE NO: 044233.2014 SUBJECT: Question with Notice - Clr Harle

Please address the following:

1. Legal Proceedings in relation to # 17 Manning Street regarding Transport company use of the property.

The matter is on Appeal to the NSW Supreme Court of Criminal Appeal (CCA) as a stated case. Questions have been put to the CCA for determination. Those questions go to the findings made by the Land and Environment Court . In particular the CCA will have to consider whether the LEC made an error in finding the activity was not prohibited. Council is awaiting confirmation of a hearing date that will determine those questions.

2. Status of Stables on Monday Street Warwick Farm; Proceedings re DA to convert the temporary status of stables constructed during world youth day in 2008, to permanent status.

Australian Turf Club (ATC) – LEC Class 1 Appeals (x2)

Background: On 6 Jun 2013 ATC lodged two DA’s for developments at Warwick Farm Racecourse. DA’s were deemed to be refused because Council not able to determine them with 42 days as required by the Environmental Planning & Assessment Act 1979. ATC commenced Class 1 Appeals in LEC on 11 Oct 2013.

Current Status: Matter set down for hearing on 5, 6 & 7 March 2014. An assessment of the DA’s by Council’s consultant revealed that the development is permissible and that there is no S79C considerations that would justify refusal. Mauro Poletti (an objector) applied to the Court to be joined as a party to the proceedings and was successful. It is anticipated that Mr Poletti’s submissions for refusal will be chiefly on the ground of adverse economic impact on the surrounding area.

Council’s Role: Council’s has a limited role to play in the conduct of these proceedings. Council’s assessement did not identify any S79C considerations that would justify refusal of the DA’s. Council cannot make submissions to the effect that the Court should refuse.

3. Status of investigations into unapproved land fills at Bellfield College in Rossmore. The extend of unauthorised earthworks (cut and fill plus importation of fill) at Bellfield College has been established by Council ‘s officers. It is proposed that a Notice of intention to serve an Order for the removal of the fill be served. We have subsequently visited the site with the EPA, who intends to serve a clean-up notice for the removal of the fill. Council officers are not satisfied regarding the content of the soil and further investigations will be carried out this week to establish the source of the soil used to fill the land.

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The course of action will be discussed with the school at a meeting with senior officers on Thursday 27 February 2014, it is likely that Council will require soil and water samples to be submitted to verify the content of the fill.

4. Status of unauthorised land fills at 235 Denhamcourt Rd, Denhamcourt. An order was served on the applicant to cease works by Council staff. The order states:

1. Immediately cease the importation of fill to the site at 235 Denham Court Road, Denham Court. 2. Carry out remedial work by use of appropriate machinery to stabilise fill currently imported to the site up to close of business on Tuesday September 2013. 3. Cease all work on the site after close of business on Tuesday 17 September 2013 until such time as a s96 application is approved under DA 84/2013.

In response to the order issued by Council, the applicant has lodged a modification application being DA-1596/2010/A - modification to the approved tennis court, earthworks and rock wall, which is currently under assessment with Council. The application has been referred to the Council’s Development Assessment Panel (as an objection was received to the application) with a recommendation for approval, conditional on the removal of any unauthorised fill.

5. Status of access to property lot 68 at Voyager Point Council officers have had two meetings with the owners are canvassing options. Councillors will be further updated at the conclusion of those discussions.

6. What limitations if any, are imposed on the regular use of public parks and recreational areas by private Schools and Colleges in the Liverpool LGA? The Statement of revenue policy 2013/2014 contains reference to schools use of Council’s sporting fields which indicates this issue has been considered in the past. Schools located in the Liverpool LGA are not charged for sporting field use but are required to book the use of grounds. Schools located in the Liverpool LGA are charged $77.50 for the use of a sporting field for a school carnival. Schools located outside the Liverpool LGA are charged $77.50 for sporting field use. Schools located in the Liverpool LGA are charged $77.50 for the use of a sporting field for a school carnival. School Zone Carnivals are charged at $355.50 and Regional & State Carnivals are charged at 567.00.

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ITEM NO: QWN 02 FILE NO: 050020.2014 SUBJECT: Question with Notice - Clr Hadchiti

As per a Council resolution Councillors are to receive a regular report, every 2 weeks I believe, on DA’s currently in Council. I did on the 13th of February 2014 at 9.57pm send an email asking 2 of the 4 questions below but I am yet to receive a response.

1. Has this report been sent out as per Council resolution? I can confirm that as per the Council resolution of 29 November 2010 a report on current DAs is generated and provided to Councillors every two weeks. The most recent report was sent to Mayor and Councillors on Friday 28 February 2014 at 2.03pm.

2. Who is responsible for sending out report? The Group Manager Planning and Growth is responsible for sending this report to the Mayor and Councillors.

3. How often is the information updated? The information is updated internally and online through our new ePlanning portal as applications progress, however the report is generated every two weeks as required.

4. Can this report be relied on to answer any constituent requests that we receive?

Yes. Mayor and Councillors and the community can also refer to the new online ePlanning portal to review any DAs which have been lodged or determined since 1 January 2014. The link to this website can be found on Council’s home page.

Planning Reports

Are DA reports that are sent to either Council or the JRPP checked and signed off by a planner/Group Manager prior to them being made public?

Yes, the normal process is for all reports sent to either Council or the JRPP to be approved by the Group Manager prior to being made public.

However, unfortunately an error had occurred previously where a report was submitted to the JRPP which had not been reviewed and approved by the Group Manager. The relevant systems and processes have been reviewed.

IHAP

1. What is the cost of running an IHAP meeting?

The cost of running an IHAP meeting is as follows:

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Chairperson 67

Attendance

One x Chair $1,000

Three x Expert $2,640

One x Community Representative $ 240

Minutes overtime $ 100

Staff time – Reports – two days $ 560 preparation

Statutory Planning Manager $ 682 preparation and attendance

Site meetings $ 200

Miscellaneous catering $ 120

TOTAL $5,542 per meeting

Twelve meetings over twelve months $66,504 pa

IHAP deals with average of 36 applications annually so works out at $1,850 per application

Average application fee for a DA $3,000

2. As part of a DA fee do applicants contribute in any way shape or form financially to these meetings?

As detailed above IHAP deals with 36 applications over the twelve month period, therefore the cost per application is on average $1,850. The average fee for a DA is $3,000 therefore a component of this fee goes toward the cost of IHAP meetings.

3. Are there any holes in the IHAP process that require attention?

As per the Memo provided to the Mayor and Councillors on 28 January 2014, IHAP processes have been reviewed. We will continue to review these processes and other opportunities for improvement will be considered. We are also benchmarking IHAP processes of other Councils. The IHAP Charter is currently being reviewed to reflect the most recent changes and a report will be presented to Council regarding this matter at the April 2014 Council meeting.

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Sect 94

When was the last time Sect 94 Contribution Plans were fully reviewed?

I find it hard to believe that a new industrial development which takes up acres of land pays next to nothing if anything at all in contributions yet a simple 2 lot subdivision dependant on the area could pay up to $30,000 in contributions.

The Liverpool Contributions Plan 2009 was adopted by Council on 14 December 2009 and came into force on 15 December 2010. The time period between adoption and coming into force was due to the need to obtain approval from the then Department of Planning. Contributions are levied on new Industrial development in the Prestons Industrial Release Area. Infrastructure for the Len Waters Estate Industrial Release Area was provided directly by the developer. Most industrial development in the established areas of Liverpool is only redevelopment of existing premises and does not generate the need for additional infrastructure. Accordingly, high value contributions are not levied in these areas. It should be noted that contributions cannot be collected to pay for any previous shortfalls in infrastructure. In the Prestons Industrial Area, contributions are levied for drainage and roadworks. Currently contributions in the newest areas in Prestons are about $243,092 per hectare. By comparison, contributions for areas of conventional residential blocks in Edmondson Park are currently $406,911 per hectare. The increased amount for residential land is because contributions are levied for recreation and community facilities, in addition to drainage and roadworks. The amount of land required for open space is much greater than that required for roads and drainage.

Bush Fire Prone Land

When was the last time the Bush Fire Prone Land map was updated?

The Bushfire Prone Land Map is to be reviewed every five (5) years pursuant to Section 146 of the EP&A Act 1979, as well as the Rural Fire Service’s (RFS) publication Bushfire Prone Land Mapping Guidelines. Council’s current Bushfire Prone Land Map came into effect in 2009 and underwent minor amendments in 2011. However, since this time there has been considerable development which has cleared vegetation (hence removing the fire source). Several major residential subdivisions have occurred. A number of proposed amendments to the Bush Fire Prone Land mapping were sent to the Macarthur District RFS on 9 August 2013. The local Macarthur District RFS is still currently reviewing this proposal. Upon approval from the State RFS these maps will be formally updated. The review is expected to be completed mid to late 2014.

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Resident Complaint

I refer to an email I sent to the Councillor Request email at 9.35pm on the 13th of February 2014. I won’t repeat the question in public as it has a constituents details in it. Can I please have the question answered?

A formal written response to this question was provided to Clr Hadchiti on 17 March 2014 at 5.05pm via email.

An interim response was provided to Clr Hadchiti by the relevant Group Manager prior to that date.

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ITEM NO: QWN 03 FILE NO: 057497.2014 SUBJECT: Question with Notice - Clr Stanley

Please address the following:

1. Does Council have a history of the Badgerys Creek area? If so, does it deal with any aboriginal settlements in the area in past?

2. Has there been a response to the possible provision of noise walls at Casula, as discussed at the Elected Leaders forum?

Responses to the above questions will be included in the April Council Meeting papers.

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ITEM NO: QWN 04 FILE NO: 057579.2014 SUBJECT: Question with Notice - Clr Shelton

Please address the following:

The following information is requested with respect to the old court house building located on Bigge Street on the edge of the Liverpool Central Business District.

1. Please itemise the works that have been carried out on this site and the improvements erected thereon over the last thirty-six months.

2. Please describe any future works that it is envisioned will be carried out on this site and the improvements erected thereon in the foreseeable future (including anticipated time frames).

3. Please particularise Council's future plans as they currently stand for this site and the improvements erected thereon.

Responses to the above questions will be included in the April Council Meeting papers.

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THE MEETING CLOSED AT 10.10pm

Name: Ned Mannoun

Title: Mayor

Date: 30, April, 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 26, March, 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

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Chairperson 1

MINUTES OF THE ORDINARY MEETING HELD ON 30 APRIL 2014

PRESENT: Mayor Ned Mannoun Councillor Balloot Councillor Hadchiti Councillor Hadid Councillor Harle Councillor Karnib Councillor Ristevski Councillor Shelton Councillor Stanley Councillor Waller Mr Rob Noble, Acting Chief Executive Officer Ms Julie Hately, Executive Director Ms Toni Averay, Acting Executive Director Ms Billie Sankovic, Group Manager Strategy and Executive Mr Gino Belsito, Group Manager City Presentation Ms Nadia Napoletano, Group Manager Governance Mr Michael Cullen, Group Manager Economy and Engagement Mr Raj Autar, Group Manager Infrastructure and Environment Ms Carole Todd, Acting Group Manager Planning and Growth

The meeting commenced at 6:04pm

OPENING 6:04pm

PRAYER The prayer of the Council was read by Pastor Henry Jacotine from Inspire Church.

APOLOGIES Councillor Mamone

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

On being put to the meeting the motion was declared CARRIED.

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Chairperson 2

CONDOLENCES

Clr Harle read the condolences at the Council meeting for the passing of Nathan Berry on 3 April 2014.

On April the third, Nathan Berry at the very young age of 23 passed away from complications of Norse Syndrome.

Nathans Family has always lived in the Liverpool area. His father Kevin is a long-time trainer at Warwick Farm while his Mother Julie also works in the racing industry. Leading Jockey Nathan and his twin Brother Tommy Berry, also a leading Jockey, attended Chipping Norton Public School and later Moorebank High. The twins and their sister Belinda also played for the Chipping Norton Soccer Club.

He married his wife Whitney, daughter of fellow jockey Glyn Schofield, on February 2. Nathan had only been married for two months and sadness is not a sufficient word to describe this tragedy, he had travelled to Singapore to ride there for 4 months but collapsed during track work.

The biggest win of his career was on Unencumbered in the Magic Millions Classic at the Gold Coast. Nathan rode 351 winners in his short career, an outstanding achievement. This was a young man that had the world at his feet. He won the Magic Millions in January and rose to the top of the ranks so quickly that he was offered a contract to ride in Singapore.

The 23 year old was farewelled at Rosehill Racecourse by his family and thousands others, wearing his favourite colour blue. His death has struck at the heart of the racing industry which is mourning the loss of someone whose broad smile and positive outlook won over many friends and admirers.

We have lost a good ambassador for not only the racing industry but the Liverpool area as a whole.

Motion: Moved: Clr Harle Seconded: Clr Waller

That Council express its deepest condolences for the recent passing of Nathan Berry and a letter of Condolence be sent to his family.

On being put to the meeting the motion was declared CARRIED.

CONFIRMATION OF MINUTES

That the minutes of the Ordinary Meeting held on 26 March 2014 be confirmed as a true record of that meeting. Motion: Moved: Clr Hadid Seconded: Clr Balloot

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 3

DECLARATIONS OF INTEREST

Clr Hadchiti declared a non pecuniary, less than significant interest in the following Item:

Item IHAP 07: Construction of a nine storey mixed-use development comprising forty-six residential units and three retail tenancies; and basement car parking at 74-76 Castlereagh Street, Liverpool

Reason: He used the services of the applicant (architect) as part of a syndicate in approximately 2007. No contact has been made in relation to this application.

Clr Hadchiti will not leave the Chambers for the duration of this Item.

The Acting Chief Executive Officer Rob Noble declared a non pecuniary, less than significant interest in the following Item:

Item GMCC 03: Public Library Funding Campaign

Reason: He was an unpaid consultant on that project until 27 March 2014.

The Acting Chief Executive Officer will leave the Chambers for the duration of this Item.

PUBLIC FORUM

(Presentation – Items not on agenda)

1. Ms Leann Dobbin addressed Council in relation to the PCYC Liverpool Time 4 Kids fundraiser.

(Representation – Items on agenda) Nil

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Chairperson 4

MAYORAL MINUTE

SUBJECT: PCYC Doing Time for Kids

Council is well aware of the great work the PCYC do in our community. PCYC programs work to divert youth from a potential life involving crime and possibly gaol. The Liverpool PCYC based at Miller provides an invaluable service to the local youth community and supports other services delivered by Council and other organisations in the area.

Recently I participated in the Doing Time for Kids fundraising project where I set the Mayor’s fundraising bale at $20,000 for the Liverpool PCYC. I am pleased to report to Council that local businesses including the Liverpool Catholic Club and Investa Group contributed to the $12,500 we succeeded in raising on the day. I thank the numerous donors for their generosity. I now turn to the Council to support the cause and contribute to the PCYC Doing Time for Kids fundraising target by donating $7,500 for a worthy local cause.

Motion: Moved: Mayor Mannoun

That Council:

1. Acknowledges the service to the community by the Liverpool PCYC at Miller.

2. Congratulates the PCYC on their successful Doing Time for Kids fundraising initiative.

3. Thanks the generous sponsors including Liverpool Catholic Club and Investa Group.

4. Donates $7,500 to the Liverpool PCYC Doing Time for Kids 2014. Funds will be allocated from the Councillor Reserve.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 5

MAYORAL MINUTE

SUBJECT: Local Government Management Excellence Awards

On Thursday 10 April, Council was represented at the Local Government Management Excellence Awards conducted by the peak organisation representing local government professionals in NSW. Council was a finalist for two of our programs:

 Council’s children’s services team for their efforts in delivering improved services and increasing the performance and productivity of our centres.

 Council’s Corporate Strategy Team for the engagement project to ascertain community attitudes towards a second airport at Badgerys Creek.

I am excited to inform Council that our Children’s Services Team is the recipient of The Local Government Excellence Award for "Leadership Excellence in Community Services". It is inspiring to see the hard work of our staff recognised with such a prestigious award. This is testament to the hard work that has been put in by all teams the Children’s Services area. They have set a benchmark for the delivery of quality early education and care services which was recognised by their local government peers. Each day staff work to deliver the visions and the philosophy of each of the centres and for the unit as a whole to ensure that the children and families who walk through our doors each year get the best start in education and care.

There are many examples of outstanding work being undertaken throughout council and it is a pleasure to recognise the two teams with Mayoral Minute.

Motion: Moved: Mayor Mannoun

That:

1. Council congratulates the Children’s Services Team led by Group Manager Community and Culture, Kiersten Fishburn on receiving the Local Government Excellence Award for "Leadership Excellence in Community Services".

2. The Mayor writes to all staff involved with the award congratulating them for their success and ongoing efforts.

On being put to the meting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 6

MAYORAL MINUTE

SUBJECT: Sydney’s Second Airport Announcement

On Tuesday 15 April the Prime Minister Tony Abbott announced the site for Sydney’s second international airport will be on Commonwealth land at Badgerys Creek. The announcement ends over three decades of uncertainty for the area of Badgerys Creek, Liverpool and Western Sydney. The following day the Prime Minister Tony Abbott, Deputy Prime Minister Warren Truss, Assistant Minister for Infrastructure and Regional Development Jamie Briggs, Minister for Human Services Senator Marise Payne and the State Minister Assisting the Premier on Western Sydney, Stuart Ayres were joined by many of their federal and state colleagues from Western Sydney and in particular our local members Melanie Gibbons the member for Menai and Craig Kelly the member for Hughes to announce a package of $3.5 billion over 10 years in major infrastructure upgrades associated with the airport. I would like to acknowledge the staff of Council involved in pulling together the logistics for the Prime Minister’s visit with only a few hours notice. It certainly demonstrated that Liverpool Council is a highly professional and responsive organisation.

The other key announcement by the NSW government was the proposed preservation of a rail corridor from the new South West rail line connecting Leppington to Badgerys Creek with further expansion north and south from Badgerys Creek opening up new employment and residential development opportunities. Given the good record of delivering infrastructure by the current NSW government, I am confident we could see rail expansion based on demand in the not too distant future. The overwhelming majority of that State and Federal investment will fall within the Liverpool local government area offering a huge windfall and opportunity to our community and the regional city of South Western Sydney. It was a great honour for Liverpool Council to host this historic announcement in our facilities and no coincidence that our Council is seen as the critical local partner in this nation building project.

Council will recall a Mayoral Minute adopted on 25th of September last year (attached) that proposed Council conduct a comprehensive conversation with our communities about the potential airport in Liverpool. It was determined to revisit the airport issue after Council sensed a change in attitude amongst the community. The subsequent consultation project was so thorough and independent that several Councils have used our model themselves and the project was a finalist in the recent local government awards.

The subsequent report was tabled to Council on December 18 and a recommendation conditionally supporting an airport at Badgerys Creek was adopted (attached). The key findings of the consultation report were that 60% of those surveyed supported a second airport and nearly 55% supported Badgerys Creek as the location. The most important factors to be considered were local jobs and benefits to the local economy. However we also must acknowledge the community concerns around the environmental, traffic and potential aircraft noise issues and work to address these. The community also told us they wanted appropriate infrastructure such as rail links and improved roads. Importantly the majority of the people surveyed said they wanted Liverpool Council to play an active role and have a ‘seat at the table’ to advocate on their behalf around the development of a second airport.

Liverpool Council is now on the cusp of the greatest opportunity the region has ever been presented. The airport and promised 60,000 jobs and billions of dollars in investment will be a game changer for Liverpool and the region we lead. Council is well positioned to meet the challenges and opportunities that lie ahead for the city and region.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 7

Motion: Moved: Mayor Mannoun

That Council:

1. Welcomes the announcement that Liverpool will be the site for Sydney’s second international airport.

2. Congratulates the Commonwealth and State governments on their early commitment to billions of dollars in infrastructure development.

3. Requests the Acting Chief Executive Officer to prepare a report to Council’s May meeting outlining the resources and structure needed to meet the airport opportunity. Such report should consider but not be limited to:

 Establishment of a Liverpool Airport Coordination Unit within Council’s structure and resources required.

 Noting the importance of close integration between local, state and federal government planning authorities investigate offering accommodation to the federal government for initial airport planning authority staff.

 Establishment of a committee of Council called the 'Liverpool Airport Taskforce' to meet monthly and work through the local government issues relating to the airport over coming years.

On being put to the meeting the motion was declared CARRIED.

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadid Clr Hadchiti Clr Ristevski

Vote against: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller

The motion was passed on the Mayor’s Casting Vote.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 8

NOTICES OF MOTION

ITEM NO: NOM 01 FILE NO: 083475.2014 SUBJECT: Communication with Councillors

NOTICE OF MOTION

That Council:

1. Review current procedures and policies to ensure that information is shared equally with all Councillors at all times.

2. Invitations addressed to the Mayor and Councillors be provided to all Councillors within 3 business days of receipt by Council.

3. Media Releases made by Council and the Mayor be provided to all Councillors at the same time they are provided to the media.

4. Mail received by Council on behalf of Councillors be sent to Councillors' mailing address no more than 3 business days after receipt, (unless a Council meeting falls within this time and it can be delivered at a Council Meeting).

5. Staff prepare a report addressing these issues to the Council Meeting on 25th June 2014.

COUNCIL DECISION

Motion: Moved:Clr Balloot Seconded: Clr Hadchiti

That Council receives and notes the response provided in the Business Paper from the Acting Chief Executive Officer.

Foreshadowed Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion (moved by Clr Balloot) was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 9

ITEM NO: NOM 02 FILE NO: 087904.2014 SUBJECT: Sale or Purchase of Council's Property Portfolio

NOTICE OF MOTION

That Council:

1. Provides global figures in its Annual Financial Statements relating to the acquisition and/or disposal of real property as follows:

a) Proceeds from disposal – funds transferred into the Property Development Reserve; b) Proceeds from disposal – funds transferred into a Section 94 Contribution Fund; c) Land acquired for drainage purposes; and d) Land acquired for open space purposes;

2. Where appropriate, gives consideration to publicly disclosing the acquisition and or disposal value of real property assets with a value in excess of $2,500,000 within the following financial year.

COUNCIL DECISION

Motion: Moved: Clr Balloot Seconded: Clr Ristevski

That Council receives and notes the response provided in the Business Paper from the Acting Chief Executive Officer.

Foreshadowed Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion (moved by Clr Balloot) was declared CARRIED.

Clr Stanley and Clr Waller asked that they be recorded as voting against the motion (moved by Clr Balloot).

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 10

INDEPENDENT HEARING AND ASSESSMENT PANEL REPORT

ITEM NO: IHAP 01 FILE NO: 072058.2014 SUBJECT: Construction of a four storey commercial building as an educational establishment, installation of signage at 28 Memorial Avenue, Liverpool

RECOMMENDATION

That Council:

1. Approve Development Application No. DA-1022/2013 as a Deferred Commencement Consent subject to the recommended conditions attached to the Council officer’s IHAP Report and as modified by IHAP as follows:

 Deferred commencement condition 1(c) be amended to read “The stairwell to the laneway (Norfolk Serviceway) should incorporate a vertical strip of glazing or metal screen that would comply with BCA requirements for fire stairs.”

 Condition 86 be amended by deleting “8:30am to 6:30pm” and inserting “8am to 9pm” and adding at the end of the sentence “and on Saturday’s 9am to 4pm”.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded:Clr Ristevski

That the recommendation be adopted.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 11

ITEM NO: IHAP 02 FILE NO: 072391.2014 SUBJECT: Demolition of two dwellings,multi-dwelling housing development, community title subdivision at 13 & 15 Continua Court, Wattle Grove

RECOMMENDATION

That Council:

1. Approves Development Application No. DA-548/2013 for the demolition of two residential dwellings, the construction of five two storey multi-dwelling townhouses and Community Title subdivision at No.13 and 15 Continua Court, Wattle Grove (Lots 34 and 35, DP 808387), subject to the recommended conditions of consent as contained within attachment 3.

2. Notifies the persons who made a submission with regard to the proposed development in writing of Council’s decision.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 12

ITEM NO: IHAP 03 FILE NO: 073057.2014 SUBJECT: Alterations and additions to the existing dwelling, a carport and two lot Torrens title subdivision at 29 Templeton Crescent, Moorebank

RECOMMENDATION

That Council:

1. Approves DA-1314/2013 for the alterations and additions to the existing dwelling and the construction of a carport and two lot Torrens title subdivision at 29 Templeton Crescent, Moorebank (Lot 78 DP 224165).

2. The persons who made a submission with regard to the proposed development be notified in writing of Council’s decision.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 13

ITEM NO: IHAP 04 FILE NO: 075813.2014 SUBJECT: Torrens title subdivision at 31 Dale Avenue, Liverpool (Cnr Dale Avenue and St Pauls Crescent)

RECOMMENDATION

That Council approve Development Application DA-1111/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report and as modified by IHAP and the Council officer as follows:

12. The final plan of subdivision must be supported by an 88B instrument to the approval of Council. The 88B instrument shall properly reflect the requirements of the conditions of development consent, the plans forming part of the consent, and Councils standards, codes and policies. The 88B instrument shall include the following provisions:

Any dwelling to be granted consent on Lot 1 must incorporate the following design measures:

 With the exception of a garage used for parking a vehicle, the rear building line of any dwelling erected on the site shall be provided at a distance of no greater than 9.5 metres from the front boundary.

 Any dwelling erected on the site shall be provided at a distance of no greater than 0.9 metres from the north-western boundary.

 Any dwelling erected on the site shall be provided with a 3 metre wide splay at the south-western corner of the building, to address the streetscape.

Part 2 of the 88B instrument shall contain a provision that any easements, right of ways or covenants shall not be extinguished or altered without the written consent of Council.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 14

ITEM NO: IHAP 05 FILE NO: 077982.2014 SUBJECT: Two lot Torrens title subdivision of proposed Lot 4003 created in DA- 1964/2012 at 1962 Camden Valley Way, Edmondson Park

RECOMMENDATION

That Council approve Development Application DA-1457/2013 for a two lot Torrens title subdivision of proposed Lot 4003 approved in DA-1964/2012, subject to the recommended conditions attached to the Council officer’s IHAP report.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 15

ITEM NO: IHAP 06 FILE NO: 084713.2014 SUBJECT: Demolition, construction of three dwellings and Torrens title subdivision at 46- 48 Verbena Avenue, Liverpool

RECOMMENDATION

That Council:

Approves Development Application DA-1107/2013 proposing the demolition of existing structures, the construction of three detached dwellings, and the creation of a Torrens title subdivision of three lots, at 46-48 Verbena Avenue, Casula, subject to the conditions of consent attached to the planning officer’s report.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded:Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Ristevski Clr Shelton

Vote against: Clr Karnib Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 16

ITEM NO: IHAP 07 FILE NO: 090040.2014 SUBJECT: Construction of a nine storey mixed-use development comprising forty-six residential units and three retail tenancies; and basement car parking at 74-76 Castlereagh Street, Liverpool

RECOMMENDATION

That Council:

1. Approve Development Application No. DA-1087/2013 subject to the recommended conditions attached to the Council officer’s IHAP Report and modified as follows:

 Draft Condition 1(b) to be amended to include the Arborist Report as a document forming the Development Consent and requiring to be complied with.

 Draft Condition 2(b) to be deleted as it currently stipulates: The large English Oak tree located near the south-east corner of the site and which is outside the construction zone shall be retained and incorporated into the amended Landscape Plan.

 Draft Condition 64 to be amended as follows: All existing trees, including the English Oak located near the south-east corner of the site which are not approved for removal shall be protected from damage during site works. This protection shall consist of 1800mm high protective fencing, securely installed beneath the outer canopy of any tree to be retained. Trees may be fenced off in clusters where it is not practical to fence off individual trees. There shall be no storing materials, washing machinery or changes to existing soil levels within the fenced areas.

2. Notify the persons who made a submission with regard to the proposed development of its decision.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 17

BUSINESS EXCELLENCE REPORT

ITEM NO: GMBE 01 FILE NO: 068386.2014 SUBJECT: Statutory Investment Report March 2014

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 18

COMMUNITY AND CULTURE REPORT

ITEM NO: GMCC 01 FILE NO: 068116.2014 SUBJECT: Use of Recreation and Open Space by For Profit Businesses and Schools

RECOMMENDATION

That Council:

1. Places the new fees and charges for the use of recreation and open space by for-profit businesses, circuses/events and school use on public exhibition.

2. Identifies the Bulldogs Land as the venue at which all external requests for circuses and festivals involving rides are accommodated.

3. Includes the following Fees and Charges in the Draft 2014/2015 Statement of Revenue policy:

 Land Hire fee Per Day

 Utilities - Electricity and Water Actual Metered Costs

 Major Events Field Damage Bond

 Major Events Commercial & Community Cleaning Bond

 Other applicable charges applied from other Council Sections

4. Identifies and installs utilities infrastructure to ensure major events can connect to utilities (electricity, water, sewer) in a safe way in terms of public safety and public health.

5. Identifies and installs utilities meters to assist with utilities cost recovery.

COUNCIL DECISION

Motion: Moved:Mayor Mannoun Seconded: Clr Hadid

Council does not support charging schools user fee charges for use of parks and open space. Council refuses the recommendation and maintains the current fees and charges as is.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 19

Foreshadowed Motion: Moved: Clr Stanley Seconded Clr Karnib

That Council:

1. Place the new fees and charges for the use of recreation and open space by for- profit businesses and circuses/events on public exhibition.

2. Identifies the Bulldogs Land as the venue at which all external requests for circuses and festivals involving rides are accommodated.

3. Includes the following Fees and Charges in the Draft 2014/2015 Statement of Revenue policy:

 Land Hire fee Per Day

 Utilities - Electricity and Water Actual Metered Costs

 Major Events Field Damage Bond

 Major Events Commercial & Community Cleaning Bond

 Other applicable charges applied from other Council Sections

4. Identifies and installs utilities infrastructure to ensure major events can connect to utilities (electricity, water, sewer) in a safe way in terms of public safety and public health.

5. Identifies and installs utilities meters to assist with utilities cost recovery.

On being put to the meeting the motion (moved by Mayor Mannoun) was declared CARRIED.

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Ristevski

Vote against: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller

The motion was declared Carried on the Mayor’s Casting Vote.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 20

ITEM NO: GMCC 02 FILE NO: 076874.2014 SUBJECT: Quarterly Report on Compliments and Complaints

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved:Clr Waller Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 21

Clr Harle retired from the meeting at 7.01pm.

The Acting Chief Executive Officer left the Chambers at 7.01pm.

ITEM NO: GMCC 03 FILE NO: 079720.2014 SUBJECT: Public Library Funding Campaign

RECOMMENDATION

That Council:

1. Make representation to the members for Liverpool, Macquarie Fields, Mulgoa and Camden in relation to the need for additional funding from the NSW State Government for the provision of public library services;

2. Send a letter to the Hon. Troy Grant, Minister for the Arts, calling upon the Government to implement the Reforming Public Library Funding submission of the Library Council of NSW in 2012 for the reform of the funding system for NSW public libraries;

3. Approve the distribution of NSW Public Library Associations campaign information, including petitions in Council libraries, Customer Service Centre, CPAC and information stalls at Council events;

4. Endorse Liverpool Library services to take a lead role in activating the campaign locally.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

The Acting Chief Executive Officer returned to the meeting at 7.03pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 22

ITEM NO: GMCC 04 FILE NO: 080180.2014 SUBJECT: Expression of Interest EOI2334 Naming Rights for Carnes Hill Leisure Centre

RECOMMENDATION

That Council accept that no submissions were received for the shortlist of applicants for the purpose of naming sponsorship of the proposed Carnes Hills Leisure Centre in Liverpool.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 23

ECONOMY AND ENGAGEMENT REPORT

ITEM NO: GMEE 01 FILE NO: 069088.2014 SUBJECT: Community Donations, Grants and Sponsorship

RECOMMENDATION

That Council:

1. Endorses the Financial Contribution Panel's recommendations for the provision of $100 under the Sporting Donations Program as summarised in the table below:

Applicant name Amount Sunil Kumar $100

2. Endorses the Financial Contribution Panel's recommendations for the provision of $100 under the Youth Donations Program as summarised in the table below:

Applicant name Amount Abigail Widjaja $100

3. Endorses the Financial Contributions Panel's recommendations for the provision of $20,000 under the Men’s Shed One-off Grants Program as summarised in the table below:

Applicant name Amount Moorebank Men’s Shed $20,000

4. Endorses the Financial Contributions Panel's recommendations for the provision of $8,475 under the Corporate Sponsorship Program and $10,800 from the Tourism Reserve as summarised in the table below:

Applicant name Amount Precedent Productions $2,225 ex GST Shree Sanatan Dharm Pradtinidhi Sabha of Australia Inc $6,000 cash In-kind support $5,400 Total = $11,400 Vedic Festival Inc $5,000 cash In-kind support $650 Total =$5,650

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 24

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Waller

That Council:

1. Endorses the Financial Contribution Panel's recommendations for the provision of $100 under the Sporting Donations Program as summarised in the table below:

Applicant name Amount Sunil Kumar $100

2. Endorses the Financial Contribution Panel's recommendations for the provision of $100 under the Youth Donations Program as summarised in the table below:

Applicant name Amount Abigail Widjaja $100

3. Endorses the Financial Contributions Panel's recommendations for the provision of $20,000 under the Men’s Shed One-off Grants Program as summarised in the table below:

Applicant name Amount Moorebank Men’s Shed $20,000

4. Endorses the Financial Contributions Panel's recommendations for the provision of $8,475 under the Corporate Sponsorship Program and $10,800 from the Tourism Reserve as summarised in the table below:

Applicant name Amount Precedent Productions $2,225 ex GST Shree Sanatan Dharm Pradtinidhi Sabha of Australia Inc $6,000 cash In-kind support $5,400 Total = $11,400 Vedic Festival Inc $5,000 cash In-kind support $650 Total =$5,650

5. In addition to Council’s endorsement of the above Financial Contribution Panel recommendations, Council also resolves that:

 Sanatan Satsang Sabha of NSW Inc application for a Deepawali Festival at Northumberland Street Car Park be granted $2,500 by Council.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 25

 Pakistan Multicultural Services of Australia Inc for Ramadan Eid Bazar at Whitlam Centre be granted $2,500 by Council.

Council’s standard grant conditions to apply and funds be sourced from the Councillor Reserve.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 26

GOVERNANCE REPORT

ITEM NO: GMGO 01 FILE NO: 047979.2014 SUBJECT: Acquisition of Lot 9 DP 1168653 Merlin Street, Middleton Grange for Drainage and Open Space Purposes

RECOMMENDATION

That Council:

1. Approves the acquisition of Lot 9 DP 1168653 Merlin Street, Middleton Grange for the price and terms outlined in the confidential attachment;

2. Upon settlement of the acquisition, classifies Lot 9 DP 1168653 Merlin Street, Middleton Grange as Community Land;

3. Keeps confidential the attachment supplied under separate cover containing the acquisition price pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

4. Authorises its delegated officer to execute any documents, under Power of Attorney necessary to give effect to this decision.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 27

ITEM NO: GMGO 02 FILE NO: 062636.2014 SUBJECT: Proposed closure and transfer of a temporary road, Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange to the original subdivider

RECOMMENDATION

That Council:

1. Agrees to the closure of the temporary road located over Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange;

2. Upon closure of the temporary road, transfers Lot 12 DP 1168716, off Flynn Avenue, Middleton Grange, back to the original subdivider being Mr and Mrs Defilippis; and

3. Authorises its delegated officer to execute any documents, under Power of Attorney necessary to give effect to this decision.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 28

ITEM NO: GMGO 03 FILE NO: 065657.2014 SUBJECT: Review of the Code of Meeting Practice

RECOMMENDATION

That Council:

1. Receives and notes the report.

2. Acknowledges the submission received.

3. Proceeds with the proposed amendments as advertised.

4. Notes the minor procedural amendments pursuant to clause 75 of the Code.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Balloot

That Council receives and notes the report.

Foreshadowed Motion: Moved: Clr Waller Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion (moved by Clr Ristevski) was declared CARRIED.

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Ristevski

Vote against: Clr Karnib Clr Shelton Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 29

INFRASTRUCTURE AND ENVIRONMENT REPORT

ITEM NO: GMIE 01 FILE NO: 074948.2014 SUBJECT: Contract WT2292 - Public lighting Works at Bernera and Kurrajong Roads, Prestons

RECOMMENDATION

That Council defer this item to the next Council meeting.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Balloot

That Council note the Acting Chief Executive Officers recommendation for deferral of this item and agree to defer it to the next Council meeting.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Note, Clr Harle had retired from the meeting at this stage, so was not in the Chambers when this matter was voted on.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 30

ITEM NO: GMIE 02 FILE NO: 079606.2014 SUBJECT: Tender WT2273 - Construction of Culvert at Creek Crossing, Pacific Palms Circuit, Hoxton Park

RECOMMENDATION

That Council defer this item to the next Council meeting.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Balloot

That Council note the Acting Chief Executive Officers recommendation for deferral of this item and agree to defer it to the next Council meeting.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Note, Clr Harle had retired from the meeting at this stage, so was not in the Chambers when this matter was voted on.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 April 2014 and confirmed on Wednesday, 28 May 2014

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Chairperson 31

PLANNING AND GROWTH REPORT

Clr Balloot left the Chambers at 7:10pm.

ITEM NO: GMPG 01 FILE NO: 057678.2014 SUBJECT: Amendments to the Liverpool Bush Fire Prone Land Mapping 2014

RECOMMENDATION

That Council:

1. Resolves to forward the amended Bush Fire Prone Land Map to the State NSW Rural Fire Service for certification.

2. Upon certification of the new Bushfire Prone Land Map, updates the Section 149 Certificate conditions for the relevant properties.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED. Councillors voted unanimously for this motion.

Note, Clr Balloot was not in the Chambers when this matter was voted on.

Note, Clr Harle had retired from the meeting at this stage, so was not in the Chambers when this matter was voted on.

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Chairperson 32

Clr Balloot returned to the meeting at 7.13pm.

ITEM NO: GMPG 02 FILE NO: 060624.2014 SUBJECT: Draft Amendment 15 to the Liverpool Development Control Plan 2008

RECOMMENDATION

That Council:

1. Resolves to prepare and publically exhibit an amendment to Liverpool Development Control Plan 2008 in accordance with Section 74C of the Environmental Planning and Assessment Act 1979.

2. Receives a future report considering the comments received during public exhibition.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Note, Clr Harle had retired from the meeting at this stage, so was not in the Chambers when this matter was voted on.

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ITEM NO: GMPG 03 FILE NO: 064135.2014 SUBJECT: Draft Amendment 34 to LEP 2008 - Rezoning of 501 Cowpasture Road Len Waters Estate and adjacent crown road reserve from IN2 to B6

RECOMMENDATION

That Council:

1. Proceeds with the making of Draft Amendment No 34 to Liverpool Local Environmental Plan 2008 to rezone Lot 29 DP 1044841 and the adjacent unformed road from IN2 Light Industrial to B6 Enterprise Corridor.

2. Forward the updated Planning Proposal to NSW Planning and Infrastructure and Parliamentary Counsel requesting making of the amendment.

3. Enters into the amended planning agreement between Liverpool City Council and Amarino Pty Ltd and delegates to the Chief Executive Officer the function of signing the agreement.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Note, Clr Harle had retired from the meeting at this stage, so was not in the Chambers when this matter was voted on.

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Chairperson 34

Mayor Mannoun left the Chambers at 7.17pm.

The Deputy Mayor, Clr Hadid took the Chair.

Mayor Mannoun returned to the meeting at 7.18 pm.

ITEM NO: GMPG 04 FILE NO: 064963.2014 SUBJECT: DCP Amendment 16 - Solar Panel Clause

RECOMMENDATION

That Council:

1. Publically exhibit Amendment 16 to Liverpool Developments Control Plan 2008 in accordance with Section 74C of the Environmental Planning and Assessment Act 1979 to facilitate the changes outlined in this report.

2. Received a further report following the public exhibition period.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

Foreshadowed Motion: Moved: Clr Hadchiti Seconded Clr Hadid

That Council receive and note the report.

On being put to the meeting the motion (moved by Clr Stanley) was declared LOST.

Vote for: Clr Karnib Clr Shelton Clr Stanley Clr Waller

Vote against: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Ristevski

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The Foreshadowed Motion (moved by Clr Hadchiti) then became the motion and on being put to the meeting was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Ristevski

Vote against: Clr Karnib Clr Shelton Clr Stanley Clr Waller

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ITEM NO: GMPG 05 FILE NO: 075842.2014 SUBJECT: Changes to the Independent Hearing and Assessment Panel Charter and Procedure

RECOMMENDATION

That Council:

1. Adopts the revised Independent Hearing and Assessment Panel Charter and Procedure as attached to this report.

2. Amends the IHAP delegation of 30 October 2013 by including a new Clause (c) as follows to reflect the requirement for all development applications proposing a variation to a development standard of 10% or greater to be decided by Council:

c) That all development applications where there has been a variation to a development standard of 10% or greater, be determined by the elected Council in accordance with Clause 4.6 of Liverpool Local Environmental Plan 2008.

3. Delegates authority to the CEO to approve and amend the IHAP procedure from time to time, in consultation with the members of the IHAP and the community.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Stanley

That the report be deferred to allow officers to undertake further consultation with the members of Council’s Independent Hearing and Assessment Panel and Councillors. A revised report will be provided to the June Council meeting.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Note, Clr Harle had retired from the meeting at this stage, so was not in the chambers when this matter was voted on.

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COMMITTEE REPORTS

ITEM NO: CTTE 01 FILE NO: 047870.2014 SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 5 March 2014

RECOMMENDATION

1. The Minutes of the Aboriginal Consultative Committee Meeting held on 5 March 2014 are attached for the information of Council.

2. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 02 FILE NO: 034632.2014 SUBJECT: Warwick Farm Steering Committee Minutes of Meeting from 4 March 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Warwick Farm Steering Committee Meeting held on 4 March 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 03 FILE NO: 058095.2014 SUBJECT: Minutes of Liverpool Youth Council meeting held on 4 March 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Liverpool Youth Council Meeting held on Tuesday 4 March 2014.

2. Supports the recommendation to amend the Liverpool Youth Council Charter to allow a recruitment eligibility list.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 04 FILE NO: 063994.2014 SUBJECT: Minutes of the Liverpool Access Committee 13 March 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 13 March 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 05 FILE NO: 064514.2014 SUBJECT: Minutes of the Budget and Finance Committee

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 2 April 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 06 FILE NO: 066452.2014 SUBJECT: No Intermodal Committee Meeting Minutes of 4 March 2014 and 1 April 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 4 March 2014.

2. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 1 April 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 07 FILE NO: 072526.2014 SUBJECT: Street Naming Committee Meeting Minutes - 1 April 2014

RECOMMENDATION

That Council:

1. Notes the Minutes of the Street Naming Committee meeting held on 1 April 2014

2. Supports the recommendation to not rename Gellibrand Road, Edmondson Park due to the implications it will present.

3. Erects additional signs for Tepper Park, Killinger Tannery and Charles Throsby Park.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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ITEM NO: CTTE 08 FILE NO: 072544.2014 SUBJECT: Heritage Advisory Committee Minutes 1 April 2014

RECOMMENDATION

That Council notes the Minutes of the Heritage Advisory Committee meeting held on 1 April 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 45

ITEM NO: CTTE 09 FILE NO: 073647.2014 SUBJECT: Minutes of Economic Development Committee meeting held 2 April 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Economic Development Committee Meeting held on 2 April 2014.

2. Notes that the Committee provided in principle support for the location of Bigge Park southern edge as the preferred location for the potential development of an iconic community facility.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 46

ITEM NO: CTTE 10 FILE NO: 073711.2014 SUBJECT: Minutes of Tourism and Events Committee meeting held 2 April 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Tourism and Events Committee Meeting held on 2 April 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 47

ITEM NO: CTTE 11 FILE NO: 073717.2014 SUBJECT: Local Traffic Committee Minutes of Meeting Held on 19 March 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Local Traffic Committee Meeting held on 19 March 2014.

2. Adopts the following recommendations of the Local Traffic Committee meeting:

Item 1 Australis Avenue, Wattle Grove – Proposed Traffic Calming Devices i. Approves installation of speed cushions on Australis Avenue at the following locations:  Southbound - No. 28 Elata Court and No. 2 Banksia Place  Northbound - No. 23 Baileyana Court and No. 2 Ancura Court ii. Approves installation of edge lines (1300 metres), 3.2 metres from the centre along both sides of Australis Avenue between Village Way and Wattle Grove Drive. iii. Advises stakeholders including the local bus company of Council’s decision.

Item 2 Bardia Parade, Holsworthy – Proposed Raised Platform Pedestrian Crossing i. Approves installation of a raised platform at the existing pedestrian crossing on Bardia Parade, Holsworthy. ii. Advises stakeholders of Council’s decision.

Item 3 Christiansen Boulevarde, Moorebank – Proposed Traffic Calming Devices i. Does not support the installation of the proposed rubber speed cushions on Christiansen Boulevarde at this stage. ii. Monitors traffic conditions along Christiansen Boulevarde. iii. Requests the Police to continue its patrol and speed enforcement along the street when resources permit. iv. Advises all stakeholders of its decision.

Item 4 Ernest Avenue, Chipping Norton – Proposed Pedestrian Refuge i. Approves a pedestrian refuge in Ernest Avenue at its intersection with Barry Road.

Item 5 Village Way, Wattle Grove – Proposed Upgrade to Existing Access Arrangement to the Wattle Grove Shopping Centre i. Approves extension of the existing median island and associated pavement markings on Village Way in front of the Wattle Grove Shopping Centre as per the attached revised scheme in the minutes, subject to consultation with the Centre Management on the turning path of the longest vehicle servicing the development.

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Chairperson 48

ii. Advises all stakeholders of Council’s decision.

Late Item Item 6 Macquarie Street, Liverpool – Special Event Night Markets i. Approves the “Liverpool Night Markets” event as a Class 2 special event. ii. Submits the required Traffic Management and associated Traffic Control Plans to the Roads and Maritime Services (RMS) for concurrence. iii. Undertakes temporary road closures on 3 May 2014 and on subsequent events.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 49

ITEM NO: CTTE 12 FILE NO: 073886.2014 SUBJECT: Minutes of Liverpool City Centre Revitalisation Committee meeting held 2 April 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Liverpool City Centre Revitalisation Committee Meeting held on 2 April 2014.

2. Approve funds of up to $10,000 from the Town Improvement Fund engaging a consulting engineer to ensure Council derives value for money from the project specifications for City Centre Revitalisation projects.

3. Approve funds of up to $45,000 for the communications activities planned for the Building Our New City project as recommended by Straight Talk, subject to the availability of funds within the Town Improvement Fund.

4. Notes that the Committee provided in principle support for the location of Bigge Park southern edge as the preferred location for the potential development of an iconic community facility.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 50

ITEM NO: CTTE 13 FILE NO: 079565.2014 SUBJECT: Master Planning Steering Committee Minutes - 19 March 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Master Planning Steering Committee Meeting held on 19 March 2014;

2. Adopts the recommendation put forward in the confidential report provided under separate cover; and

3. Keeps confidential the minutes supplied under separate cover containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That Council:

1. That a report be submitted to the May Ordinary meeting in relation to establishing a charter for the Master Planning Steering Committee Meeting.

2. That the minutes of the Master Planning Steering Committee Meeting held on 19 March 2014 be submitted to the Extraordinary meeting of Council on 7 May 2014.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 51

ITEM NO: CTTE 14 FILE NO: 081153.2014 SUBJECT: Liverpool Sports Committee Minutes of Meeeting 28 November 2013

RECOMMENDATION

That Council receives and notes the minutes of the Liverpool City Sports Committee meeting held on 28 November 2013.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 52

CORRESPONDENCE REPORTS

ITEM NO: CORR 01 FILE NO: 076497.2014 SUBJECT: Incoming and Outgoing Correspondence Report

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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QUESTIONS WITH NOTICE

ITEM NO: QWN 01 FILE NO: 063524.2014 SUBJECT: Question with Notice - Clr Stanley

Please address the following:

Council Buildings:

1. Could I be provided with a list of all commercial properties owned by the Council (please do not included Community Centres, Libraries or parks etc).

List of Commercial Premises:

 3 Moore Street, Liverpool

 52 Scott Street, Liverpool

 306 Macquarie Street, Liverpool – School of Arts

 230 Northumberland St Liverpool – Four Shops in Car Park Arcade

2. Is Council the owner of old Liverpool Bowling Club?

Council does not own the Old Liverpool Bowling Club building. The building is owned by Crown Lands – NSW State Government. The building is located within Bigge Park and Council is the Reserve Trust Manager for Bigge Park.

3. Is this building currently leased?

It is currently leased to the Salvation Army as temporary premises until their building in Bathurst Street is repaired following the fire.

4. What are Council's plans for this building?

There are no current plans for the building. Council is waiting the completion of the City Centre Revitalisation Plan – Bigge Park/Health and Medical Precinct to be completed which will provide recommendations for the use of the Old Liverpool Bowling Club building.

5. Is 48-50 Scott Street currently fully leased?

There are three retail shops that are vacant in 52 Scott Street, Liverpool. The balances of the premises are leased.

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6. Has there been a time since Council purchased this building that all the space has been leased?

The three retail shops have been vacant since Council acquired the property.

7. If so, when?

See the answer in item six.

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ITEM NO: QWN 02 FILE NO: 076373.2014 SUBJECT: Question with Notice - Clr Shelton

Please address the following:

The following information is requested with respect to the old court house building located on Bigge Street on the edge of the Liverpool Central Business District.

1. Please itemise the works that have been carried out on this site and the improvements erected thereon over the last thirty-six months. No structural improvements have been erected on the subject land in the past 36 months. In terms of works that have been carried out on this site, these predominantly include the cleaning of gutters, grounds and unblocking of gutters and storm water pipes.

2. Please describe any future works that it is envisioned will be carried out on this site and the improvements erected thereon in the foreseeable future (including anticipated time frames). A heritage architect has been engaged to prepare a scope of works for the former Court House building. The purpose of these works are to resolve drainage and damage caused by drainage issues, to bring the building into compliance with the Building Code of Australia and to bring the building into a state where it could be leased on the open market and provide a rental income to Council. Proposed works include:

 Replacing existing stormwater pipework with new PVC drainage pipework;

 Removal of a Jacaranda Tree;

 Replacing a damaged timber window;

 Installation of four additional downpipes;

 Removal and replacement of the existing wooden accessible ramp with a metal ramp;

 Widening of the front door to comply with the Building Code of Australia;

 Installation of a modular accessible toilet block.

It is envisaged that the abovementioned works will commence in approximately 3 months

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Chairperson 56

3. Please particularise Council's future plans as they currently stand for this site and the improvements erected thereon.

Council’s objectives are to undertake the required repairs and to bring the building into compliance with the Building Code of Australia so that the property could be leased on the open market and return an income to Council.

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Chairperson 57

ITEM NO: QWN 03 FILE NO: 076395.2014 SUBJECT: Question with Notice - Clr Stanley

Please address the following:

1. Does Council have a history of the Badgerys Creek area? If so, does it deal with any aboriginal settlements in the area in past?

A response to a similar question was provided to Councillors in a memo dated 8 April 2014, as a ‘Question Taken On Notice’ from the March 2014 Ordinary Meeting.

Below is the response, as provided in the memo dated 8 April 2014:

The first people to occupy the area were probably members of the Darug Tribe. Little is known of these first people and difficult to be sure of their clan. The Gandangara people believe their ancestors would have passed through the area also.

James Badgery was the first European in the area, he was educated and a good farmer but had few assets. He came to New South Wales at the end of 1799 and initially leased acreage along the Hawkesbury but with a growing family this was not providing enough. He then applied to Captain William Paterson for land and was granted a total of 840 acres along South Creek (c1809) this was later reduced by Governor Macquarie to 640 acres. He named his property Exeter Farm and the creek running through it was called Badgerys Creek, this name eventually referred to the whole area. This land lies on the Penrith side of Elizabeth Drive. James continued buying other properties on what is the southern side of Elizabeth Drive which were subdivided in the 1880s and were known as Exeter Farms subdivision. James is buried in Pioneers’ Memorial Park with other family members.

Council’s website provides a Council fact sheet on the history of Badgerys Creek suburb:

http://www.liverpool.nsw.gov.au/__data/assets/pdf_file/0011/5204/Badgerys-Creek- Fact-Sheet.pdf

2. Has there been a response to the possible provision of noise walls at Casula, as discussed at the Elected Leaders forum?

At the Elected Leaders Forum on 19 February 2014, discussions were held between residents for noise walls to be installed along sections of the Cumberland, Airport, Inner West and Southern Sydney Freight railway lines and the M5.

The Hon. Stuart Ayers, Member for Penrith, Minister for Fair Trading and Minister Assisting the Premier on Western Sydney, offered to look at the issue and provide a response and asked the resident at the Forum to leave their contact details. Whilst every attempt was made by staff to obtain the contact details of the resident at the

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Chairperson 58

conclusion of the Forum, we did not manage to identify him. Council staff are following up the matter with The Hon. Stuart Ayres for a response to the issue.

Noise Walls along the Rail Lines, Casula

The Cumberland, Airport, Inner West and South Railway lines are owned and operated by Sydney Trains (as part of Transport for NSW). Southern Sydney Freight Line (SSFL) was constructed by the Australian Rail Track Corporation Ltd (ARTC) as part of its National Interstate Rail Network. The SSFL is part of improvement works to increase efficiency and cost-effectiveness of rail freight services along the North- South Rail Corridor between Melbourne, Sydney and Brisbane. It commenced operations in January 2013.

The project was assessed and approved under the NSW Environmental Planning and Assessment Act Part 3A assessment regime in 2006, subject to 76 conditions of approvals and 104 statements of commitment.

In submissions to the environmental assessment of the SSFL, Council and WSROC on behalf of the Western Sydney Councils, raised concerns about the possible impacts of the project including the need for noise control and barriers.

In their review of the submissions, ARTC outlined that based on the findings of acoustic modelling, a noise wall would be required along a section close to the Casula Powerhouse but not along other sections through Casula. The noise wall close to the Casula Powerhouse has been constructed.

The consent conditions required an Operational Environmental Management Plan (OEMP) be prepared at least four weeks prior to the commencement of operation or as otherwise agreed to by the Director-General.

The OEMP is to incorporate the Operational requirements detailed in the Conditions of Approval and Statement of Committee and include a monitoring and review program which contains (but is not limited to):

 An Operation Noise and Vibration Management Plan; and

 An Operation Air Quality Management Plan.

Prior to the operation of the freight line, ARTC advised Council that as part of its operational management plan, noise monitoring will be carried out at a number of locations along the freeway including a section in Casula. Council is yet to be advised regarding the outcome of the noise monitoring.

Noise Walls along the M5 Motorway, Casula

The section of the M5 motorway through Casula is part of the M5 South West Motorway. The section of the motorway between King Georges Road, Beverly Hills and Camden Valley Way, Prestons is currently being widened from two to three lanes in each direction.

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The road widening is to improve traffic efficiency and reduce travel time for motorists using the motorway and surrounding roads and to support planned residential and employment growth in South West Sydney.

Similar to the freight line, the road widening was approved under Part 3A of the Environmental Planning and Assessment Act, 1979. It is subject to Conditions of Approval including noise mitigation measures during construction and operation.

The noise mitigation measures include installation of noise walls, pavement treatment, urban design and landscaping and advisory signage. The Roads and Maritime Services (RMS) has advised that as part of the project, 18 kilometres of new and improved noise walls will be constructed to help reduce traffic noise.

The need for additional noise mitigation measures along section of the M5 Motorway, and Rail Lines, Casula

From the concern raised at the Elected Leaders Forum and other concerns received by Council, a number of Casula residents have requested additional noise mitigation measures.

To pursue the issue further, Council will be writing to the Hon. Stuart Ayers, the Minister Assisting the Premier on Western Sydney for an update on his commitment to respond to the request for additional noise walls along sections of the M5 South West Motorway and Cumberland, Airport, Inner West and Southern Sydney Freight Line Railway lines through Casula.

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ITEM NO: QWN 04 FILE NO: 087931.2014 SUBJECT: Question with Notice - Clr Shelton

Please address the following:

During the ordinary council meeting of 26 June 2013 a resolution to the following effect was passed.

That Council:

1. Adopts the Growing Liverpool 2023 Community Strategic Plan, Delivery Program 2013-2017 Operational Plan 2013-2014 with the changes outlined in this report.

2. ...

3. Places on public exhibition for 28 days the fees and charges for community and recreational facilities

a. ...

b. Amended fees and charges as presented. Notifies affected food premises in writing in the Mayor's name of the new reduced fees and charges.

Please advise the revenue that has to date been lost to Council if it were assumed these particular fees and charges had remained unaltered and not 'reduced' and notified 'in writing in the Mayor's name'.

A response to this question will be included in the May business paper.

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Chairperson 61

PRESENTATIONS BY COUNCILLORS

THE MEETING CLOSED AT 7:33pm

Name: Ned Mannoun

Title: Mayor

Date: 28 May 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 30, April, 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

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Chairperson 1

MINUTES OF THE EXTRAORDINARY MEETING HELD ON 7 MAY 2014

PRESENT: Mayor Ned Mannoun Councillor Balloot Councillor Hadchiti Councillor Harle Councillor Karnib Councillor Mamone Councillor Ristevski Councillor Shelton Mr Rob Noble, Acting Chief Executive Officer Ms Julie Hately, Executive Director Ms Toni Averay, Acting Executive Director Ms Billie Sankovic, Group Manager Strategy and Executive Mr Mathew Walker, Group Manager Business Excellence Ms Kiersten Fishburn, Group Manager Community and Culture Mr Gino Belsito, Group Manager City Presentation Ms Nadia Napoletano, Group Manager Governance Mr Michael Cullen, Group Manager Economy and Engagement Mr Raj Autar, Group Manager Infrastructure and Environment Ms Carole Todd, Acting Group Manager Planning and Growth

OPENING 6.04pm

PRAYER The prayer of the Council was read by Council’s Service Manager Council and Executive Services, George Georgakis.

APOLOGIES Deputy Mayor Hadid, Councillors Stanley and Waller.

CONDOLENCES Nil

DECLARATIONS OF INTEREST Nil

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Chairperson 2

STRATEGY AND EXECUTIVE REPORT

ITEM NO: GMSE 01 FILE NO: 080659.2014 SUBJECT: Draft 2013-17 Delivery Program and 2014-15 Operational Plan and Budget

RECOMMENDATION

That Council:

1. Places the draft Delivery Program and Operational Plan including the draft 2014/15 Budget and Revenue Pricing Policy (Schedule of Fees and Charges) on public exhibition for a period of 28 days to allow for public comments and submissions.

2. Receives a further report after a review of public submissions at its meeting scheduled to be held on Wednesday 25 June 2014.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Mamone

That this Item be dealt with later at the meeting.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 3

INFRASTRUCTURE AND ENVIRONMENT REPORT

ITEM NO: GMIE 01 FILE NO: 074948.2014 SUBJECT: Contract WT2292 - Public lighting Works at Bernera and Kurrajong Roads, Prestons

RECOMMENDATION

That Council:

1. Adopts the recommendation put forward in the confidential report provided under separate cover.

2. Keeps confidential the details supplied under separate cover containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Shelton

That Council:

1. Accepts the Tender from Connect Infrastructure Pty Ltd for Tender WT2292 - Public Lighting Works at Bernera and Kurrajong Roads, Prestons for the GST inclusive price of $718,839.00.

2. Makes public its decision regarding WT2292 - Public Lighting Works at Bernera and Kurrajong Roads, Prestons.

3. Notes that the Executive Director will finalise all details and sign the letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10(A)(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Wednesday, 7, May, 2014 and confirmed on Wednesday, 28, May, 2014

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ITEM NO: GMIE 02 FILE NO: 079606.2014 SUBJECT: Tender WT2273 - Construction of Culvert at Creek Crossing, Pacific Palms Circuit, Hoxton Park

RECOMMENDATION

That Council:

1. Adopts the recommendation put forward in the confidential report provided under separate cover.

2. Keeps confidential the details supplied under separate cover containing information on the submissions received, pursuant to the provisions of Section10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Harle

That Council:

1. Accepts the Tender submission of Option 2 from Civil Construction Pty Ltd for WT2273 - Construction of Culvert at Creek Crossing, Pacific Palms Circuit, Hoxton Park for the GST inclusive price of $931,128.00. This quote was accepted on the basis of Liverpool City Council providing the culvert units to the successful contractor.

2. Accepts the quotation submitted by Malek Fahd Islamic School for the supply of culvert units at the GST inclusive price of $110,000.00.

3. Makes public its decision regarding WT2273 – Construction of Culvert at Creek Crossing, Pacific Palms Circuit, Hoxton Park.

4. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

5. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Vote for: Clr Balloot Clr Hadchiti

Minutes of the Extraordinary Council Meeting held on Wednesday, 7, May, 2014 and confirmed on Wednesday, 28, May, 2014

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Chairperson 5

Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton

Vote against: Mayor Mannoun

Minutes of the Extraordinary Council Meeting held on Wednesday, 7, May, 2014 and confirmed on Wednesday, 28, May, 2014

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COMMITTEE REPORTS

ITEM NO: CTTE 01 FILE NO: 079565.2014 SUBJECT: Master Planning Steering Committee Minutes - 19 March 2014, 7 April 2014 and 28 April 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Master Planning Steering Committee Meeting held on 19 March 2014, 7 April 2014 and 28 April 2014;

2. Adopts the recommendation put forward in the confidential report provided under separate cover; and

3. Keeps confidential the minutes supplied under separate cover containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded:Clr Balloot

That Council:

1. Receives and notes the Minutes of the Master Planning Steering Committee Meetings held on 19 March 2014, 7 April 2014 and 28 April 2014.

2. Keeps confidential the minutes attached minutes containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Wednesday, 7, May, 2014 and confirmed on Wednesday, 28, May, 2014

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Chairperson 7

ITEM NO: CTTE 02 FILE NO: 095453.2014 SUBJECT: Minutes of the Warwick Farm Racing Precinct Steering Committee Meeting held on 29 April 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Warwick Farm Racing Precinct Steering Committee Meeting held on 29 April 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded:Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Wednesday, 7, May, 2014 and confirmed on Wednesday, 28, May, 2014

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STRATEGY AND EXECUTIVE REPORT

ITEM NO: GMSE 01 FILE NO: 080659.2014 SUBJECT: Draft 2013-17 Delivery Program and 2014-15 Operational Plan and Budget

RECOMMENDATION

That Council:

1. Places the draft Delivery Program and Operational Plan including the draft 2014/15 Budget and Revenue Pricing Policy (Schedule of Fees and Charges) on public exhibition for a period of 28 days to allow for public comments and submissions.

2. Receives a further report after a review of public submissions at its meeting scheduled to be held on Wednesday 25 June 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That Council moves into Closed Session to discuss confidential personnel matters relating to the 2014/15 Delivery Program, Operational Plan and Budget; in accordance with Section (10)A(2)(a) of the Local Government Act 1993.

On being put to the meeting the motion was declared CARRIED.

Council moved into Closed Session at 6.17pm.

Clr Hadchiti left the Chambers at 6.58pm.

Clr Hadchiti returned to the meeting at 7.03pm.

Open Council resumed at 7.12pm.

Motion: Moved: Mayor Mannoun Seconded: Clr Mamone

That Council:

1. Adopts an amended organisational structure that includes a Chief Executive Officer, two Executive Directors and seven Group Managers in accordance with Section 333 of the Local Government Act 1993.

Minutes of the Extraordinary Council Meeting held on Wednesday, 7, May, 2014 and confirmed on Wednesday, 28, May, 2014

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Chairperson 9

2. Notes the termination of contract of the senior staff position of Group Manager Strategy and Executive with the last day of duty being 1 July 2014, in accordance with clauses 10.3.5 and 11.3 of the Contract of Employment.

3. Allocates a total of $257,500 in related salary savings to:

 An additional sum of $35,000 to enable the development of a Council Tourism Policy, and  An amount of $222,500 to enable additional maintenance services for the City to be delivered through the City Presentation Group.

4. Amends, in accordance with 1, 2 and 3 above and the following additional changes below, the draft Delivery Program, Operational Plan and Budget 2014/15, including the Revenue Pricing Policy (Schedule of Fees and Charges), ; and places the draft on public exhibition for a period of 28 days to allow for public comments and submissions:

 Amend Operational Plan Action number 3.2.8 on page 56 of the Draft Delivery Program and Operational Plan to:

Delete: ‘Concrete Floor Turbine at CPAC’ and replace it with ‘Upgrade cafeteria and catering facilities at CPAC.’ Budget allocation of $75,000 remains unchanged.

 Amend the Draft Delivery Program and Operational Plan, page 72, ‘Shade structures in Children’s Playgrounds’ to:

Add: ‘$50 000 for additional shade structures over existing playgrounds as determined after consultation with Councillors. Funds sourced from the Councillor Reserve.’

 Amend the description of a ‘Cultural Policy and Plan’ in page 81 of the Draft Delivery Program and Operational Plan to a ‘Cultural and Arts Tourism Policy’.

5. Receives a further report after a review of public submissions at its meeting scheduled to be held on Wednesday 25 June 2014.

On being put to the meeting the motion was declared CARRIED.

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Mamone Clr Ristevski

Minutes of the Extraordinary Council Meeting held on Wednesday, 7, May, 2014 and confirmed on Wednesday, 28, May, 2014

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Vote against: Clr Harle Clr Karnib Clr Shelton

THE MEETING CLOSED AT 7.26PM

Name: Ned Mannoun

Title: Mayor

Date: 28, May, 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 7, May, 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Minutes of the Extraordinary Council Meeting held on Wednesday, 7, May, 2014 and confirmed on Wednesday, 28, May, 2014

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Chairperson

PRESENT: Mayor Ned Mannoun Councillor Balloot Councillor Hadchiti Councillor Hadid Councillor Harle Councillor Karnib Councillor Mamone Councillor Shelton Councillor Stanley Councillor Waller Mr Rob Noble, Acting Chief Executive Officer

OPENING 5.12pm

PRAYER The prayer of the Council was read by Maree Stewart, Executive Officer, Liverpool City Council.

APOLOGIES Clr Ristevski

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

On being put to the meeting the motion was declared CARRIED.

CONDOLENCES Nil

DECLARATIONS OF INTEREST

Nil

Minutes of the Extraordinary Council Meeting held on Tuesday, 27 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

CHIEF EXECUTIVE OFFICER REPORT

ITEM NO: CEO 01 FILE NO: 116419.2014 SUBJECT: Appointment of Chief Executive Officer, Liverpool City Council

RECOMMENDATION

That Council move into Closed Session to deal with a Mayoral Minute in accordance with Section 10A(2)(a) of the Local Government Act 1993 as the information to be discussed contains personnel matters concerning individuals other than Councillors.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Council moved into Closed session at: 5.16pm.

Open Council resumed at: 6:24pm.

Minutes of the Extraordinary Council Meeting held on Tuesday, 27 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

MAYORAL MINUTE

SUBJECT: Selection of Chief Executive Officer

Motion: Moved: Mayor Mannoun

Recommendation:

1. That the Mayoral Minute to the Extraordinary Council Meeting on Tuesday 27 May 2014 in Closed Council in relation to the recruitment and appointment of a Chief Executive Officer for Liverpool City Council be received and noted.

2. That the preferred candidate selected by the Recruitment Panel on 17 May 2014 be offered the position of Chief Executive Officer of Liverpool City Council and the Mayor be authorised, with advice from the Recruitment Consultant to finalise negotiations based on the following:

a) A four (4) year performance-based Contract. b) A total remuneration package to be kept confidential. c) The contract of employment being in accordance with the standard contract required by the Office of Local Government. d) Adoption of the Council Policies in Schedule A of the contract relating to entitlements provided to the Chief Executive Officer. e) Commencement of the contract on 24 June 2014.

3. That no public announcement of the name of the successful candidate be made until the Mayor has obtained a written acceptance of the offer from the preferred candidate.

4. That the Employment Contract between the appointee and the Council be executed under the Common Seal of the Council.

5. That Council nominates the Mayor, Deputy Mayor and Councillors Ristevski and Waller as members of the Chief Executive Officer’s Performance Review Panel in accordance with the Guidelines for the Appointment and Oversight of General Managers issued by the Office of Local Government.

6. That the Chief Executive Officer be invited to nominate a Councillor of their choice as a representative on the Performance Review Panel.

7. That the Council delegates to the Performance Review Panel the performance management process including the signing, within three months of commencement, of the Chief Executive Officer’s Performance Agreement from date of commencement to 30 June 2015, in accordance with the contract of employment.

8. That the Council appoints Stephen Blackadder of Blackadder Associates for period of six months as the independent facilitator for professional services up to the value of $10,000, to assist in the performance management and review process and to provide advice and support for the Mayor and Chief Executive Officer.

Minutes of the Extraordinary Council Meeting held on Tuesday, 27 May 2014 and confirmed on Wednesday, 25 June 2014

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9. That the Council seeks two quotations for the subsequent role as an independent facilitator to assist in the performance management and review process and to provide advice and support during the year for the Mayor and Chief Executive Officer; and delegates the appointment of the ongoing independent facilitator to the Performance Review Panel.

10. That the Council undertakes a performance review against the agreed criteria following the completion of the first six months in the role and every 6 months thereafter.

On being put to the meeting the motion was declared CARRIED.

Immediately after the reading of the above resolution, the preferred candidate signed an employment contract with the Mayor. The Mayor then introduced the successful candidate, Mr Carl Christian Wulff, as Council’s new Chief Executive Officer.

Minutes of the Extraordinary Council Meeting held on Tuesday, 27 May 2014 and confirmed on Wednesday, 25 June 2014

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MEETING CLOSED AT 6.35PM.

Name: Ned Mannoun

Title: Mayor

Date: 25 June 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 27 May 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Minutes of the Extraordinary Council Meeting held on Tuesday, 27 May 2014 and confirmed on Wednesday, 25 June 2014

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PRESENT: Mayor Ned Mannoun Councillor Balloot Councillor Hadchiti Councillor Hadid Councillor Harle Councillor Karnib Councillor Mamone Councillor Shelton Councillor Stanley Councillor Waller Mr Rob Noble, Acting Chief Executive Officer Ms Julie Hately, Executive Director Ms Toni Averay, Acting Executive Director Mr Mathew Walker, Group Manager Business Excellence Ms Kiersten Fishburn, Group Manager Community and Culture Mr Gino Belsito, Group Manager City Presentation Ms Nadia Napoletano, Group Manager Governance Mr Michael Cullen, Group Manager Economy and Engagement Mr Raj Autar, Group Manager Infrastructure and Environment Ms Carole Todd, Acting Group Manager Planning and Growth

The meeting commenced at 6.00PM

OPENING 6.00PM

PRAYER The prayer of the Council was read by Pastor Steve Riethmuller from Cartwright Gospel Chapel.

APOLOGIES Clr Ristevski

Motion: Moved: Clr Hadchiti Seconded: Clr Karnib

On being put to the meeting the motion was declared CARRIED.

CONDOLENCES Nil

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

CONFIRMATION OF MINUTES

That the minutes of the Ordinary Meeting held on 30 April 2014 and the Extraordinary Meeting held on 7 May 2014 be confirmed as a true record of that meeting.

Motion: Moved: Clr Hadid Seconded: Clr Mamone

On being put to the meeting the motion was declared CARRIED.

DECLARATIONS OF INTEREST

Clr Waller declared a non pecuniary, less than significant interest in the following Item:

Item GMEE 03: Donations, Grants and Sponsorship

Reason: She is a member of the Meals on Wheels Board which is a not for profit non- government organisation. She did not participate in the submission to Council.

Clr Waller will not leave the Chambers for the duration of this item.

Clr Hadchiti declared a non pecuniary, less than significant interest in the following Item:

Item GMPG 02: DA-834/2008 – S96 Modification at 65-69 Castelreagh Street Liverpool

Reason: Clr Hadchiti has used the services of the applicant (Ron Dunkley and Associates) in the past with full commercial rates paid, and he also has a personal relationship with the Prestia family who are the owners of the property.

Clr Hadchiti will leave the Chambers for the duration of this Item.

PUBLIC FORUM

(Presentation – Items not on agenda)

1. Mr John Lupton addressed the Council on the following matter:

Share Care Organisation

(Representation – Items on agenda)

1. Mr Patrick McKone (Chairperson of the Midnight Basketball Liverpool Committee) addressed Council on the following Item:

Item – GMEE 01 – Midnight Basket Program.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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During this presentation to Council, Mr McKone and three participants of the basketball program presented a basketball and framed basketball shirt to Council in appreciation of support given to the program.

2. Mr Brad McAndrew (on behalf of Hydrox Nominees Pty Ltd) addressed Council on the following Item:

Item – GMPG 05 – Voluntary Planning Agreement Between Liverpool City Council and Hydrox Nominees Pty Ltd.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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MAYORAL MINUTE

SUBJECT: Serbian Flood Fund Raising Appeal

The recent severe floods in Serbia have been devastating with their effect. States of emergency have been declared in parts of Serbia after the heaviest rain and worst floods since records began 120 years ago.

Overflowing rivers have burst into towns and villages, cutting off whole communities, while landslides have buried houses. At least 40 people have died in the after flooding caused by unprecedented torrential rain, with thousands more displaced. There are also concerns over the possibility of disease being spread by thousands of carcasses of dead animals which are starting to rot in rising temperatures.

The Serbian community of Liverpool is seeking support to help cater for humanitarian needs of the severely affected population, including the provision of safe drinking water. This Sunday 1 June, The Serbian Community is holding a Serbian Flood Fund Raising Appeal at the Serbian Cultural Club at Middleton Grange. I propose that Council demonstrate compassion, solidarity and support with our Serbian community by supporting the fundraising appeal.

Motion: Moved: Mayor Mannoun

That Council:

1. On behalf of the citizens of Liverpool expresses sympathy and solidarity with our Serbian community at this time of natural disaster in Serbia.

2. Donates $5,000 to the Serbian Flood Fundraising Appeal and authorises the Mayor or his representative to formally present the donation at the fundraising function on Sunday 1 June 2014. Such funds to be sourced from the Councillor Reserve.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

NOTICES OF MOTION

ITEM NO: NOM 01 FILE NO: 110061.2014 SUBJECT: Establishing an additional Sister City

NOTICE OF MOTION

That Council:

1. Investigate the possibility of establishing a Sister City relationship with Hangzhou China.

2. Endorse Clr Balloot’s self-funded attendance at the APEC SMETC to promote Liverpool in that forum.

3. Provide marketing merchandise to hand out at the conference.

4. Considers reimbursement of: a. freight charges for the promotional materials from Australia and back if required, b. internal flights between Jiangxi to Beijing and Beijing to Hangzhou, c. accommodation between those cities.

COUNCIL DECISION

Motion: Moved: Clr Balloot Seconded: Clr Karnib

That Council:

1. Receive a report on the current nature and status of sister city relationships with Liverpool.

2. Investigate the possibility of establishing a Sister City relationship with Hangzhou, China or another city in China.

3. Endorse Councillor Balloot’s self-funded attendance at the APEC SMET to promote Liverpool in that forum.

4. Provide marketing merchandise about Liverpool for distribution at the conference.

5. Reimburse Councillor Balloot reasonable expenses for the freight costs for the Liverpool marketing merchandise.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

Amendment: Moved: Clr Stanley Seconded: Clr Shelton

That Council:

1. Investigate the possibility of establishing a Sister City relationship with a City in China.

2. Report to Council by the September Council meeting on the financial impacts of such a relationship.

3. Provide a report by the September Council meeting on all current and previous Sister City relationships.

On being put to the meeting the Amendment (from Clrs Stanley and Shelton) was declared LOST.

On being put to the meeting the motion (from Clrs Balloot and Karnib) was then voted on and was declared CARRIED.

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Karnib Clr Mamone

Vote against: Clr Harle Clr Shelton Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: NOM 02 FILE NO: 111429.2014 SUBJECT: Changes to Racial Discrimination Act (18C)

NOTICE OF MOTION

That Council:

1. Understands the fundamental importance of section 18C of the Racial Discrimination Act 1975 to our community.

2. Recognises that section 18C provides protection to individuals from offensive behaviour because of race, colour, national or ethnic origin.

3. Writes to all local members of State and Federal Parliament detailing the Council's motion and seeking their support when they are considering changes to the Racial Discrimination Act.

4. Writes to the Federal Attorney General requesting he withdraw the Draft Exposure Amendment to the Racial Discrimination Act and detailing the motion passed by Council.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded:Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: NOM 03 FILE NO: 111453.2014 SUBJECT: Fire Safety Certifications / Inspections

NOTICE OF MOTION

That Council pursuant to s.10A(2)(g) of the Local Government Act, 1993 moves into closed session to consider the notice of motion forwarded in the confidential papers.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Waller

That this matter be deal with at the end of this meeting in Closed Session pursuant to s.10A(2)(g) of the Local Government Act 1993.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

INDEPENDENT HEARING AND ASSESSMENT PANEL REPORT

ITEM NO: IHAP 01 FILE NO: 092665.2014 SUBJECT: DA 1112/2013 - Alterations and fitout of Shop 7 at 42-48 Epsom Road, Chipping Norton

RECOMMENDATION

That Council:

1. Approves Development Application No. DA-1112/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report and as modified by IHAP as follows:

Prior to the issue of any Construction Certificate 2A. Prior to the issue of any Construction Certificate, the existing rubbish bins are to be fitted with a lid that is permanently attached or similar.

Use of the site 25A. The outdoor dining tables approved for the exterior of the restaurant must be located adjacent to the bollards and awning supports, leaving a clear passage against the shopfront.

2. Notify in writing, the persons who made a submission with regard to the proposed development.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: IHAP 02 FILE NO: 093382.2014 SUBJECT: DA 712/2013 - Demolition and construction of a residential flat building of 58 residential units at 36-40 Speed St, Liverpool

RECOMMENDATION

That Council:

1. Approves Development Application No. DA-712/2013, subject to the recommended conditions contained within attachment 4 (under separate cover).

2. Notifies the persons who made a submission with regard to the proposed development, in writing, of Council’s decision.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: IHAP 03 FILE NO: 095895.2014 SUBJECT: DA-977/2013 Expansion of restaurant and outdoor dining at Shop 13, 172 Green Valley Way, Green Valley

RECOMMENDATION

That Council:

1. Approves Development Application No. DA-977/2013 to formalise the expansion of the existing approved restaurant operating from Shop 13, into the adjoining premises; minor shopfront alterations; and provision of an outdoor dining area on Council owned footpath, to be operated in conjunction with the existing restaurant, subject to the amended conditions of consent as contained within attachment 3.

2. Notifies the persons who made a submission with regard to the proposed development, in writing, of Council’s decision.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded:Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

CHIEF EXECUTIVE OFFICER REPORT

ITEM NO: CEO 01 FILE NO: 100300.2014 SUBJECT: Key Site Master Planning Committee Charter

RECOMMENDATION

That Council:

1. Receives and notes the report.

2. Adopts the draft charter attached to this report.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded:Clr Mamone

That Council:

1. Receives and notes the report.

2. Adopts the draft charter attached to this report subject to the following change to clause 12.5 to now read:

“Committee meetings can only be held if five ordinary days notice has been given to all members and Councillors.”

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: CEO 02 FILE NO: 109234.2014 SUBJECT: March 2014 Performance Report

RECOMMENDATION

That Council:

1. Receives and notes the March 2014 Performance Report which outlines the progress of all principal activities contained in the Delivery Program 2013-17 from January to March 2014.

2. Allows the Acting Chief Executive Officer to make a presentation on progress made in the January to March 2014 period with a copy of the presentation forming part of the minutes of the meeting.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded:Clr Hadid

That Council:

1. Receives and notes the March 2014 Performance Report which outlines the progress of all principal activities contained in the Delivery Program 2013-17 from January to March 2014.

2. The presentation on progress made in the January to March 2014 period to form part of the minutes of the meeting.

3. The presentation to be provided to Councillors in hard copy.

On being put to the meeting the motion was declared CARRIED.

Note, The presentation referred to in points 2 and 3 of the resolution can be found on pages 14 To 22.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Delivery Program and Operational Plan

Status of Actions • 216 1-year actions Delayed • 201 on track 7% • 15 experiencing delays

On track CEO Quarterly 93% Performance Report January to March 2014

Investment in the city centre Development and Investment

Almost $500m in development applications have been determined, 600 dwellings and 800 residential lots approved to date.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Development Application Reform Badgerys Creek Airport An internal taskforce is being established to ensure Liverpool is represented and the community’s views are heard.

Road works Cycleways

Jedda Road, Hoxton Park

Badgerys Creek Rd, Badgerys Creek

Shepherd St, Liverpool Reilly Street, Lurnea

0.32 kilometres of new cycle ways were delivered as part of Before After the State Government’s River Cities Program.

Rehabilitation and resurfacing of the following roads was completed: • Reilly Street, Lurnea • Barry Road ,Chipping Norton • Badgerys Creek Rd, Badgerys Creek

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Community Centres Community Centers

• Completion of the internal upgrade to Orange Grove Community Centre was completed.

• Upgrades to the Speed St Community Centre included security fencing around the building Miller Community Centre was upgraded to improve its accessibility. Features include a new ramp into the centre and an accessible toilet.

Playgrounds Graffiti Reduction Program

• New play equipment at Brallos Park, Hammondville

• Landscaping at Ben Prior Reserve, Casula

• Access path at Mallinya Park, Moorebank.

Art Mural at Lurnea Plaza in Lurnea

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Liverpool City Banner Program Clean Up Australia Day

• 41 local schools, 26 community groups and 3 Cultural banners businesses have been designed participated on the day. and placed around the city. • Approximately 10 tonnes of waste collected.

Volunteers from Wattle Grove

Natural Environment Bush Restoration Cumulative Area of Land Restored Glen Regent Reserve

Before After

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Environmental Education Affordable Housing Forum

• Forum held o 27 March 2014.

• 36 people attended the forum to discuss the delivery of affordable housing in light of the proposed airport at Badgerys Creek.

A plant propagation workshop was held in March.

Harmony Day Seniors Week

• Approximately 500 people participated in the Seniors’ Expo in Macquarie Mall.

• Activities included information stalls and entertainment.

Harmony Day was celebrated at Bigge Park on 21 March. Activities included a soccer clinic with the Western Sydney Wanderers, community art and a special citizenship ceremony.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

Midnight Basketball Program Live Well in Liverpool: Active Travel Map Launch

• 99 young people were registered in the 8 week program

• 55 players per week

• 40 volunteers assisted

The launch of the Active Travel Map was held on 8 May. The map is aimed at increasing use of walking and cycling as a means of transport and thereby encouraging physical activity.

Live Well in Liverpool: Casula Powerhouse Arts Centre Outdoor gym at Hart Park, Warwick Farm

• An outdoor gym was installed at Hart Park in Warwick Farm. The equipment is aimed at encouraging local residents to work-out and be active outdoors.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

Australia Day celebrations Mayoral Mobile Offices

Mobile Mayoral Offices were held on Sunday 9 February at the Family Defense Day festival in Hammondville and on Saturday 22 March at Cecil Hills, Green Valley and Miller Approximately Shopping Centres 30,000 people attended Australia Day festivities.

Customer Service Website

• More than 120,000 new visitors and almost 100,00 returning visitors have accessed Council’s website to date.

• This reinforces the website’s status as being the preferred source for information on Council’s services.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

Grants and funding • $2.7m in grants Special Rate Variation funding received. submissions • $3.4m in applications submitted Applied for NSW Environment and Protection Authority Combating Illegal Dumping- Clean Up and Prevention $138,000 NSW Environment and Protection Authority Better Waste and Recycling Fund- 5 year program $457,410 Office of Environment and Heritage (OEH) State Floodplain Management Program $2,762,818 Council submitted an Office of Environment and Heritage (OEH) Community Heritage Grant 2014 $26,000 Commonwealth Bank WOW Festival 2015 $10,000 application for a 9 + 3% Commonwealth Bank CPAC-The Breakfast Club $10,000 Australia Council Theatre Board CPAC- Flame Tree Street $15,000 rate rise to IPART on 24 Arts NSW CPAC- Elders of Liverpool Touring Exhibition $26,200 February 2014 Japan Foundation WOW Festival $2,000 Total $3,393,228 This is now under Received consideration. NSW Maritime Better Boating Program $133,000 Office of Environment and Heritage (OEH) Drainage Detention Basin –Almalfi Park $2,530,000 National Heart Foundation Walking Program $500 Department Family and Community Services Seniors Week Expo $1,000 Office of Communities National Youth Week Grant $3,075 Casula Mall Sponsorship of the CPAC WOW Festival $5,000 Total $2,672,575

Liverpool in the news More than Shining Stars Awards Ceremony 1,000 mentions of Liverpool in the quarter

The ‘Shining Stars’ Annual Awards Ceremony was held on 25 March. Staff were recognised for excellence and achievement in the following areas: customer service, innovation, teamwork and leadership.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

Local Government Management Excellence Awards

Council’s Children’s Services Team was announced the recipient of the award for ‘Leadership Excellence in Community Services’.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

EXECUTIVE DIRECTOR REPORT

ITEM NO: ED 01 FILE NO: 101224.2014 SUBJECT: Establishment of Liverpool Airport Coordination Group and Liverpool Airport Taskforce

RECOMMENDATION

That Council:

1. Establish the Badgerys Creek Airport Taskforce to be chaired by the Mayor with membership as detailed in this report.

2. Appoint three Councillors as Taskforce members.

3. Endorse the creation of the Airport Coordination Working Group as detailed in this report.

4. Amalgamate the Economic Development and Tourism and Events Committees and schedule Taskforce Committee meetings on the same day.

5. Endorse the recruitment of a Project Officer to support the Taskforce as funded in the 2014/15 budget.

6. Adopt the draft Badgerys Creek Airport Taskforce Charter as attached to this report.

7. Note the information contained in this report regarding the Taskforce role and priorities.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Establish the Badgerys Creek Airport Taskforce to be chaired by the Mayor with membership as detailed in this report.

2. Appoint the Mayor and Councillors Hadchiti, Mamone and Waller (and Clr Karnib as an alternate) as Taskforce members and update the Badgerys Creek Taskforce Draft Charter.

3. Endorse the creation of the Airport Coordination Working Group as detailed in this report.

4. Amalgamate the Economic Development and Tourism and Events Committees and schedule Taskforce Committee meetings on the same day.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

5. Endorse the recruitment of a Project Officer to support the Taskforce as funded in the 2014/15 budget.

6. Adopt the draft Badgerys Creek Airport Taskforce Charter as attached to this report subject to the following change of the last sentence of Clause 12, so that the last sentence in clause 12 to now read:

“Taskforce meetings can only be held if five (5) ordinary days notice has been given to all members and Councillors.”

7. Note the information contained in this report regarding the Taskforce role and priorities.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

BUSINESS EXCELLENCE REPORT

ITEM NO: GMBE 01 FILE NO: 078406.2014 SUBJECT: March 2014 Budget Review

RECOMMENDATION

That Council:

1. Receives and notes the report.

2. Votes the identified budget variations in accordance with this report.

3. Consider and approve following recommended initiatives to commit the surplus funds:

 Transfer $125k to the Plant Reserve  Allocate $250k to engage a Fire Inspection Consultant  Transfer $166k to the Council Reserve

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Waller

That Council:

1. Receives and notes the report.

2. Votes the identified budget variations in accordance with this report.

3. Consider and approve following recommended initiatives to commit the surplus funds:

 Transfer $125k to the Plant Reserve

 Transfer $250k to engage a Fire Inspection Consultant

 Allocate $100k to CPAC

 Transfer $66k to the Council Reserve

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: GMBE 02 FILE NO: 098159.2014 SUBJECT: 2008/2009 Refinancing Existing Loan

RECOMMENDATION

That Council note the refinancing requirement for this loan and authorise the Acting Chief Executive Officer to accept the best quote offered and execute the loan agreement.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: GMBE 03 FILE NO: 098246.2014 SUBJECT: Statutory Investment Report April 2014

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

COMMUNITY AND CULTURE REPORT

ITEM NO: GMCC 01 FILE NO: 080228.2014 SUBJECT: Expression of Interest EOI2333 Management of Leisure Centre - Carnes Hill

RECOMMENDATION

That Council:

1. Accept the Expression of Interest received and place on a shortlist of applicants.

2. Revisit the provision of a shortlist of applicants when the building is completed to reflect potential future market interest.

3. Makes public its decision regarding tender EOI 2333 Management of Leisure Centre – Carnes Hill.

4. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

5. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That this matter be dealt with at the end of this meeting in Closed Session pursuant to s.10A(2)(g) of the Local Government Act 1993

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: GMCC 02 FILE NO: 098067.2014 SUBJECT: Liverpool City Council Sporting Grants Program 2013/2014

RECOMMENDATION

That Council:

1. Adopts the recommendations for Sporting Grants, as determined by the Liverpool Sports Committee grants assessment panel:

Sporting Organisation Amount Chipping Norton Baseball Club $2,929.00 Australian Barefoot Water Ski Club $317.00 Bringelly Netball Club $5,000.00 South West Tigers Junior AFL Club $1,414.00 Moorebank Sports Netball Club $3,618.00 Moorebank Liverpool District Hockey Club $1,290.00 Prestons Robins Little Athletics $2,500.00 Southern Districts Soccer Football Association $5,000.00 Southern Districts Softball Association $2,932.00 Total $25,000.00

2. Due to the absence of applications in the “disability” category, allocate the grant funding which is specifically for people with a disability, to applicants who were identified as next eligible for funding:

Sporting Organisation Amount Liverpool PSSA $5,000.00 $5,000.00

Total

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded:Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: GMCC 03 FILE NO: 101555.2014 SUBJECT: Adoption of the Customer Service and Communication Policy

RECOMMENDATION

That Council:

1. Adopts the revised Customer Service and Communication Policy.

2. Continues to carry out customer service training for all staff incorporating the Customer Service and Communication Policy.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded:Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ECONOMY AND ENGAGEMENT REPORT

ITEM NO: GMEE 01 FILE NO: 095785.2014 SUBJECT: Midnight Basketball Program

RECOMMENDATION

That Council:

1. Receives and notes this report.

2. Notes that an additional $19,597.56 from salary savings over 2014-15 and 2015-16 financial years will be allocated to cover the staff time associated with the delivery of the Liverpool Midnight Basketball Program.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded:Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: GMEE 02 FILE NO: 097693.2014 SUBJECT: Donations Policy

RECOMMENDATION

That Council adopts the Donations and Community Grants Policy.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Stanley

Council adopts the the Donations and Community Grants policy that was put to Council in February 2014.

Foreshadowed Motion: Moved:Clr Hadchiti Seconded: Mayor Mannoun

That this item be deferred and review the funding available to the Community Grants program and the Youth Council.

On being put to the meeting the motion (from Clrs Waller and Stanley) was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: GMEE 03 FILE NO: 099457.2014 SUBJECT: Donations, Grants and Sponsorship

RECOMMENDATION

That Council:

1. Endorses the Financial Contribution Panel's recommendations for the provision of $3,800 under the Sporting Donations Program as summarised in the table below:

Applicant Name Amount Jasmine Pritchard $200 Cameron Parsons $200 Keifer Dotti $500 Jacob Dowson $200 Jonas Dowson $200 Maddison Blackman $100 Gaurav Sami $100 Shaneel Sami $100 Ian Thomas McFarlane $500 Elyse Nicole Ryan $500 Hayley Rotondo $100 Shannon Brown $100 Jayden Lach $500 Jake Holmes $100 Kaushal Kumar $100 Jessica Cutner $300

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

2. Endorses the Financial Contribution Panel's recommendations for the provision of $22,140.35 under the Community Grants Program as summarised in the table below:

Applicant Name Project Name Amount Karitane Harmony At Home $2,500 Karitane Engaging Vulnerable Families $4,723 The Probus Club of Liverpool City Probus $4,127.85 Liverpool City Inc. City of Liverpool Meals on Christmas Hamper Project for $3,500 Wheels Meals on Wheels clients Liverpool U3A – School for Purchase of new lounges $1,252 Seniors Inc. Liverpool Neighbourhood Pre-Loved Clothing Store $935 Connections Miller Art & Fact Inc 2168 Youth Music Project: $4,825.50 Developing Local Talent Treehouse Theatre Inc. The Tree of Life Project $5,000

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded:Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

GOVERNANCE REPORT

ITEM NO: GMGO 01 FILE NO: 062389.2014 SUBJECT: Draft Conservation Management Plan for the Soldiers' Memorial School of Arts building, 306 Macquarie Street, Liverpool

RECOMMENDATION

That Council adopts the Conservation Management Plan for the Soldiers’ Memorial School of Arts building.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: GMGO 02 FILE NO: 102706.2014 SUBJECT: Budget Request for Consultancy Services re Fire Certification Work

RECOMMENDATION

That Council:

1. Adopts the recommendations as detailed in the confidential report.

2. Keeps confidential the report pursuant to the provisions of S10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed confer a confidential advantage on a person with whom Council is conducting (or proposed to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That this matter be dealt with at the end of this meeting in Closed Session pursuant to s.10A(2)(c) of the Local Government Act 1993

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

INFRASTRUCTURE AND ENVIRONMENT REPORT

ITEM NO: GMIE 01 FILE NO: 088506.2014 SUBJECT: Warren Serviceway Car Park Fees and Charges

RECOMMENDATION

That Council:

1. Amends the fees and charges for the Warren Serviceway, Bathurst Street and Northumberland Street Car parks to include a corporate rate for companies operating in the Liverpool City Centre. The corporate rate will be determined through negotiation with these companies for permanent parking.

2. Delegates the Group Manager Infrastructure and Environment to negotiate and set the parking fees and charges in consultation with the Group Manager Governance and subject to approval of Chief Executive Officer.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded:Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: GMIE 02 FILE NO: 100461.2014 SUBJECT: WT2332 - Landscaping on Bernera Road, Prestons between Camden Valley Way and Kurrajong Road

RECOMMENDATION

That Council:

1. Adopts the recommendation put forward in the confidential report provided under separate cover.

2. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded:Clr Stanley

That Council:

1. Accepts the Tender from Marsupial Landscape Management Pty Ltd for Tender WT2332 – Landscaping on Bernera Road, Prestons between Camden Valley Way and Kurrajong Road for the price of $622,263 plus GST.

2. Makes public its decision regarding tender WT2332 - Landscaping on Bernera Road, Prestons between Camden Valley Way and Kurrajong Road.

3. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

PLANNING AND GROWTH REPORT

ITEM NO: GMPG 01 FILE NO: 070580.2014 SUBJECT: Post Exhibition Report of draft Amendment No 43 to LLEP 2008- Clause 4.2B

RECOMMENDATION

That Council resolves to adopt Amendment No 43 as amended and refer to NSW Planning & Environment for the plan to be gazette (notified).

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded:Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

Clr Hadchiti left the Chambers at 7.01pm.

Clr Mamone left the Chambers at 7.03pm.

ITEM NO: GMPG 02 FILE NO: 077268.2014 SUBJECT: DA-834/2008 - S96 Modification at 65-69 Castlereagh Street, Liverpool

RECOMMENDATION

That Council approves modification to Development Consent DA-834/2008 and amends the development consent in the following way:

Condition No. 1 is amended to read as follows:

1. Development must be carried out in accordance with Development Application received on 13 February 2008 and as modified in application DA-834/2008/A, DA- 834/2008/B and DA-834/2008/C as follows:

(a) Architectural plans prepared by Ron C Dunkley Architects and Associates, and Simon Chan + Associates Pty Limited as follows:

 Basement 2 Plan Drawing No. A1, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013

 Basement 1 Plan Drawing No. A2, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013

 Roof Plan Drawing No. A12, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013

 East Elevation Drawing No. GA14, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013

 West Elevation Drawing No. GA15, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013

 North Elevation Drawing No. A15, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013

 Northern Elevation at Northern Boundary Drawing No. GA18, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013

 Southern Elevation Drawing No. GA16, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013

 Section A-A Drawing No. A17, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

 Ground Floor Plan Drawing No. GA4, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013

 Level 1 Floor Plan Drawing No. A4, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013

 Level 2 Floor Plan Drawing No. A5, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013

 Level 3 Floor Plan Drawing No. A6, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013

 Level 4 Floor Plan Drawing No. A7, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013

 Level 5 Floor Plan Drawing No. A8, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013

 Level 6 Floor Plan Drawing No. A9, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013

 Level 7 Floor Plan Drawing No. A10, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013

 Level 8 Floor Plan Drawing No. A11, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013

(b) Concept Stormwater Management layout and Sediment and Erosion Control Layout as amended, prepared by AWL design, Drawing No. SW8007-S1 Issue B and dated 28 March 2008

(c) Landscape Plan prepared by Precinct Landscapes Drawing No. 1512A-3 and dated 25 June 2008

(d) Acoustic Assessment prepared by Wilkinson Murray Pty Limited, Report No. 08050 Version A and dated February 2008

(e) Schedule of External Finishes and Colours

(f) BASIX Certificate Number 178352M and dated 25 January 2008

(g) Waste Management Plan prepared by Ron C Dunkley and Associates P/L and dated 6 February 2008

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded:Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Councillors Hadchiti and Mamone were absent from the Chambers when this motion was voted on.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

Clr Hadchiti returned to the Chambers at 7.08pm.

ITEM NO: GMPG 03 FILE NO: 080448.2014 SUBJECT: Post Exhibition LLEP Amendment No. 36 - Cemeteries & Crematoria and draft DCP controls.

RECOMMENDATION

That Council:

1. Adopts LLEP 2008 Amendment No. 36 and refer it to NSW Planning & Environment for the plan to be gazetted on the NSW Government legislation website.

2. Adopts the draft DCP 2008 amendments to come into effect upon publication of a notice in the local paper.

3. Resolves to write to the Cemetery Reform Group outlining issues and concerns surrounding cemeteries and crematoria land use permissibility in rural areas within the Liverpool LGA.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded:Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Clr Mamone was absent from the Chambers when this motion was voted on.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

Deputy Mayor Hadid left the Chambers at 7.08pm.

Clr Mamone returned to the Chambers at 7.09pm.

ITEM NO: GMPG 04 FILE NO: 097018.2014 SUBJECT: DA-903/2012 - S96 Modification to residential flat building. Lot 102 - DP 1102856, 3 George Street, Warwick Farm

RECOMMENDATION

That Council approves Modification Application DA-903/2012/A involving minor internal layout amendments and amends Condition No.1 of Development Consent DA-903/2012, as outlined within attachment 1.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Deputy Mayor Hadid was absent from the Chambers when this motion was voted on.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: GMPG 05 FILE NO: 097995.2014 SUBJECT: Voluntary Planning Agreement between Liverpool City Council and Hydrox Nominees Pty Ltd

RECOMMENDATION

That Council:

1. Publicly exhibit the Planning Agreement between Liverpool City Council and Hydrox Nominees Pty Limited for a minimum of 28 days.

2. Delegates to the Chief Executive Officer (or Acting), subject to considerations of any changes following public exhibition, to enter into and execute the Planning Agreement in the form that is publicly exhibited or with minor alterations.

3. Notes that if changes (other than typographical or grammatical corrections) arise from the public exhibition process that these will be reported back to Council.

4. Notes that this delegation is within the powers that can be dedicated under Section 377 of the Local Government Act 1993.

5. Create a Financial Reserve called the Georges River Flood Mitigation Reserve to hold funds collected from Hydrox Nominees Pty Ltd toward the future use for Flood Mitigation works within the Georges River catchment.

6. Receive a future report noting the aims and possible benefits of the Georges River Flood Study to be prepared by Council’s Group Manager Infrastructure and Environment.

7. If executed, place the $550,000 provided through this Planning Agreement in the Georges River Flood Mitigation Reserve.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Deputy Mayor Hadid was absent from the Chambers when this motion was voted on.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

COMMITTEE REPORTS

ITEM NO: CTTE 01 FILE NO: 047872.2014 SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 3 April 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 3 April 2014.

2. Supports funding of up to $3,000 being provided by Council for the attendance by two committee members at the Local Government Aboriginal Network conference in Narranderra on 10-12 September 2014

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: CTTE 02 FILE NO: 085405.2014 SUBJECT: Minutes of the Liverpool Access Committee 10 April 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 10 April 2014.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: CTTE 03 FILE NO: 093449.2014 SUBJECT: Minutes of Liverpool Youth Council meeting held on 1 April 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Youth Council Meeting held on Tuesday 1 April 2014.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

Deputy Mayor Hadid returned to the Chambers at 7.12pm.

Clr Mamone retired from the Chambers at 7.14pm.

ITEM NO: CTTE 04 FILE NO: 098555.2014 SUBJECT: No Intermodal Committee Meeting Minutes of 6 May 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 6 May 2014.

2. Allocates $25,000 from the Intermodal Fighting Fund to undertake the post card campaign.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 6 May 2014.

2. Allocates $25,000 from the Intermodal Fighting Fund to further undertake an awareness campaign.

3. Officers to report back to Council on approaching the Intermodal company for compensation for potential problems the Intermodal may cause for the community.

Foreshadowed Motion: Mover: Clr Waller Seconded: Clr Stanley

That Council:

1. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 6 May 2014.

2. Officers to report back to Council on approaching the Intermodal company for compensation for potential problems the Intermodal may cause for the community.

On being put to the meeting the motion (from Clrs Hadchiti and Hadid) was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Stanley

Vote against: Clr Karnib Clr Shelton Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: CTTE 05 FILE NO: 099783.2014 SUBJECT: Minutes of Tourism and Events Committee meeting held 7 May 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Tourism and Events Committee Meeting held on 7 May 2014.

2. Notes the New Year’s Eve costings to extend the event to midnight and the report on the New Year’s Eve event.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: CTTE 06 FILE NO: 099824.2014 SUBJECT: Minutes of Economic Development Committee meeting held 7 May 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Economic Development Committee Meeting held on 7 May 2014.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: CTTE 07 FILE NO: 099827.2014 SUBJECT: Minutes of Building Our New City Committee meeting held 7 May 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Building our New City Committee Meeting held on 7 May 2014.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: CTTE 08 FILE NO: 108991.2014 SUBJECT: Minutes of the Budget and Finance Committee

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 7 May 2014.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

CORRESPONDENCE REPORTS

ITEM NO: CORR 01 FILE NO: 076528.2014 SUBJECT: Incoming and Outgoing Correspondence Report

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Clr Balloot Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

QUESTIONS WITH NOTICE

ITEM NO: QWN 01 FILE NO: 105358.2014 SUBJECT: Question with Notice - Clr Shelton

Please address the following:

During the ordinary council meeting of 26 June 2013 a resolution to the following effect was passed.

That Council:

1. Adopts the Growing Liverpool 2023 Community Strategic Plan, Delivery Program 2013-2017 Operational Plan 2013-2014 with the changes outlined in this report.

2. ...

3. Places on public exhibition for 28 days the fees and charges for community and recreational facilities

a) ...

b) Amended fees and charges as presented. Notifies affected food premises in writing in the Mayor's name of the newreduced fees and charges.

Please advise the revenue that has to date been lost to Council if it were assumed these particular fees and charges had remained unaltered and not 'reduced' and notified 'in writing in the Mayor's name'.

Reduction of the primary inspection fee for food business who employee 0 to 5 employees:  Original adopted fee for the 2012/2013 fees & charges = $138.18 (GST exclusive)  Reduced adopted fee 2013/14 = $130.91 (GST exclusive)  Reduction of income to date $6,862.52

Reduction of the Re- inspection fee for food business who employ 0 to 5 employees:  Original adopted fee for the 2012/2013 fees & charges = $138.18 (GST exclusive)  Reduced adopted fee = $90 (GST exclusive)  Reduction of income to date $4,191.66

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: QWN 02 FILE NO: 105256.2014 SUBJECT: Question with Notice - Clr Stanley

Please address the following:

1. How many bus shelters have been constructed in the 2013-2014 year?

2. What are their locations?

3. Is there any back log from previous years?

4. How many will be constructed in 2014-2015 financial year?

5. Where are new bus shelters to be located?

6. Please indicate whether these are in new or established suburbs.

7. What is the approximate cost of a bus shelter?

A response to these questions will be included in the June business paper.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

Mayor Mannoun left the Chambers at 7.28pm.

Deputy Mayor Hadid took the chair.

Mayor Mannoun returned to the Chambers at 7.30pm.

ITEM NO: QWN 03 FILE NO: 111418.2014 SUBJECT: Question with Notice - Clr Harle

Please address the following:

1. Can Council provide the status of steps implemented to prevent Public Address Systems being used in the Chipping Norton Recreational Area since the matter was previously debated in Council?

2. Have prominent signs indicating that “PA system are not allowed in the park” been installed as was promised when the matter was raised previously?

3. Is Council aware that Black Muscat Park is again regularly used by large groups that produce extremely loud music, particularly “Middle Eastern Music” which continues to be a major problem despite Councils’ preventative efforts?

4. The matter was again reported on the 18th of May. Previously Rangers were to attend the Park area early on Saturday and Sunday mornings to prevent groups setting up PA systems, has this practice been discontinued?

5. Have Rangers asked Police for assistance when complaints have been received from nearby residents and if so, what was the response?

6. Several incident have been reported to me of noise affected residents being harassed and intimidated by large groups of 1000 or more Black Muscat Park users. Those incidents occurred when residents opposite the park asked operators to reduce the sound level or questioned if they had permission from Liverpool Council to use the area. Has Council issued permits over the last six months allowing any groups to use the park area, including permission to operate PA systems?

7. Is Council aware that members of these groups use wood gathered from bush areas within the park to fuel open fires and barbeques rather than use those supplied by Council?

8. Is Council aware that those open fires often result in covering large areas of the park with dense smoke that detrimentally affects all park users as well as residents in the adjoining areas? Often to the extent that residents are forced to close all windows and doors to avoid the smoke that lingers for several hours after park users have left the area.

9. In relation to toilet amenities for the Chipping Norton Recreational areas; does the system cope when groups of several thousand visitors use these facilities and what is Councils liability if problems occur?

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

10. Can I be provided with the approximate costs associated for two Rangers to patrol the area on Saturdays, Sundays and public Holidays from 10:00 am to 3:00pm?

Motion: Moved: Clr Stanley Seconded: Clr Harle

1. That the responses to the questions in Item QWN 03 be brought back to Council in a Council report.

2. That the report to include the cost of having two Rangers on that site on weekends and public holidays.

On being put to the meeting the motion was declared CARRIED.

Motion: Moved: Mayor Mannoun

That Council move into Closed Session:

1. To consider confidential reports and information tabled at the meeting.

2. Pursuant to Section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of:

2.1. s10(A)(2)(g) of the Local Government Act because it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

2.2. s10(A)(2)(di) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

2.3. s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

3. That the correspondence and reports relevant to the subject business be withheld from access to the media and public as required by Section 11(2) of the Local Government Act 1993.

On being put to the meeting the motion was declared CARRIED.

Council moved into Closed Session at 7.34pm. The public and the media left the Chambers.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

Mayor Mannoun left the Chambers at 7.56pm.

Deputy Mayor Hadid took the Chair.

Clr Hadchiti left the Chambers at 7.56pm.

Clr Hadchiti returned to the Chambers at 7.57pm.

Mayor Mannoun returned to the Chambers at 8.00pm.

Clr Balloot left the Chambers at 8.13pm.

Clr Balloot returned to the Chambers at 8.15pm.

ITEM NO: NOM 03 FILE NO: 111453.2014 SUBJECT: Fire Safety Certifications / Inspections

NOTICE OF MOTION

That Council forthwith notifies in writing all building owners and occupiers affected by the issue by Council and its agents of potentially inaccurate fire safety certifications (and like instruments).

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Waller

1. That Council forthwith notifies in writing all building owners and occupiers affected by the issue by Council and its agents of potentially inaccurate fire safety certifications (and like instruments).

2. A report be brought back to the next Council meeting if possible, prepared by an independent auditor, addressing the approach that had been taken since becoming aware of the issue, and the approach to now be taken to address the process and actions required. This is be reported back to Council directly as a matter of priority.

3. That Council waives the requirement to tender for services due to the “extenuating circumstances” of the matter in accordance with s55(3)K of the Local Government Act 1993.

4. That the following comments made at this meeting from Councillors Stanley and Waller be noted in the minutes:

When Councillors Stanley and Waller had been informed of the issue in 2010, they were assured that the issue had been addressed and would be addressed. They expressed their dissatisfaction that this was not correct and requested that their comments be noted in the Minutes.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Clr Mamone had retired from the meeting when this motion was voted on.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: GMCC 01 FILE NO: 080228.2014 SUBJECT: Expression of Interest EOI2333 Management of Leisure Centre - Carnes Hill

RECOMMENDATION

That Council:

1. Accept the Expression of Interest received and place on a shortlist of applicants.

2. Revisit the provision of a shortlist of applicants when the building is completed to reflect potential future market interest.

3. Makes public its decision regarding tender EOI 2333 Management of Leisure Centre – Carnes Hill.

4. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

5. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

1. Rejects the Expression of Interest 2333.

2. Calls for tenders for the management of the Leisure Centre at Carnes Hill at such time as the facility is constructed and closer to the opening.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Clr Mamone had retired from the meeting when this motion was voted on.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

ITEM NO: GMGO 02 FILE NO: 102706.2014 SUBJECT: Budget Request for Consultancy Services re Fire Certification Work

RECOMMENDATION

That Council:

1. Adopts the recommendations as detailed in the confidential report.

2. Keeps confidential the report pursuant to the provisions of S10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed confer a confidential advantage on a person with whom Council is conducting (or proposed to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadchiti

That Council receive and notes this report.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson

Motion: Moved: Mayor Mannoun

That Council move out of Closed Session and into Open Council.

On being put to the meeting the motion was declared CARRIED.

Open Council resumed at 8.23pm.

The resolutions relating to the following Items while the meeting was closed to the public was read to the meeting by the Mayor:

ITEM NO: NOM 03 SUBJECT: Fire Safety Certifications / Inspections

ITEM NO: GMCC 01 SUBJECT: Expression of Interest EOI2333 Management of Leisure Centre - Carnes Hill

ITEM NO: GMGO 02 SUBJECT: Budget Request for Consultancy Services re Fire Certification Work

THE MEETING CLOSED AT 8.26PM.

Name: Ned Mannoun

Title: Mayor

Date: 25 June 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 28 May 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Minutes of the Ordinary Council Meeting held on Wednesday, 28 May 2014 and confirmed on Wednesday, 25 June 2014

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Chairperson 1

MINUTES OF THE EXTRAORDINARY MEETING HELD ON 20 JUNE 2014 (INCLUDING ITEMS LISTED FOR THE ORDINARY MEETING 25 June 2014)

PRESENT: Mayor Ned Mannoun Councillor Hadchiti Councillor Hadid Councillor Harle Councillor Karnib Councillor Mamone Councillor Ristevski Councillor Shelton Councillor Stanley Mr Rob Noble, Acting Chief Executive Officer Ms Julie Hately, Executive Director Ms Toni Averay, Acting Executive Director Mr Mathew Walker, Group Manager Business Excellence Ms Kiersten Fishburn, Group Manager Community and Culture Mr Gino Belsito, Group Manager City Presentation Ms Nadia Napoletano, Group Manager Governance Mr Michael Cullen, Group Manager Economy and Engagement Mr Raj Autar, Group Manager Infrastructure and Environment

OPENING 6.01pm

PRAYER The prayer of the Council was read by Pastor Paul Mosiejczuk from Liverpool Baptist Church.

APOLOGIES Councillors Balloot and Waller

Motion: Moved: Clr Hadchiti Seconded: Clr Karnib

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 2

DECLARATIONS OF INTEREST

Clr Hadchiti declared a non pecuniary, less than significant interest in the following Item:

Item GMEE 01: Donations, Grants and Sponsorship

Reason: Clr Hadchiti was invited and attended La’u Samoa Council’s 52nd Anniversary of the Independence of Samoa event at Macquarie Function Centre.

Clr Hadchiti will not leave the Chambers for the duration of this Item.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 3

NOTICES OF MOTION

ITEM NO: NOM 01 FILE NO: 135348.2014 SUBJECT: Council agenda items for 25 June 2014 meeting

NOTICE OF MOTION

That Council transact the following Council business at this meeting:

 Council agenda items for 25 June 2014 meeting.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Clrs Stanley and Shelton asked to be recorded as voting against the motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 4

CHIEF EXECUTIVE OFFICER REPORT

ITEM NO: CEO 01 FILE NO: 135519.2014 SUBJECT: Cancel the Ordinary Council meeting scheduled for 25 June 2014

RECOMMENDATION

That Council cancel the Ordinary Council meeting scheduled for 25 June 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Clrs Stanley and Shelton asked to be recorded as voting against the motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 5

PUBLIC FORUM

(Presentation – Items not on agenda)

1. Ms Debra Atkins addressed Council on sponsorship for Stage Struck Dancing Studio Tour.

2. Mr Eric Corso addressed Council on public recreational areas and the town centre of Middleton Grange.

3. Mr John Anderson addressed Council on the Proposed Intermodal.

Motion: Moved: Clr Ristevski Seconded: Mayor Mannoun

That a two minute extension of time be given to Mr John Anderson.

On being put to the meeting the motion was declared CARRIED.

(Representation – Items on agenda)

1. Ms Sharon Hughes addressed Council on the following Item:

Item CTTE 03 – Local Traffic Committee Minutes of Meeting Held on 14 May 2014 (Pine Road, Casula – Proposed road closure of the section close to Hume Highway.)

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 6

MAYORAL MINUTE

SUBJECT: Sponsorship request to support local children dance at Disneyland

Council has been approached by the Australian Dance and Drama Company seeking sponsorship for 23 Liverpool children to dance at Disneyland in the USA. The children will also participate in workshops held by Disney Choreographers and the Edge Performing Arts while in the USA.

While fundraising for the tour has been in place over the last 12 months a shortfall in funding still exists.

The Australia Dance and Drama Company has sought help from Council to assist these children for the 5 July – 13 July, 2014 tour to the USA.

Children from this group have performed free of charge at Council’s Australia Day 2014 celebration and at the 2013 Spring Garden Festival at Bigge Park. The Dance and Drama Company have indicated that the children would be happy to perform at future Liverpool Council sponsored events.

Many of the children touring have conditions ranging from mild cerebral palsy to scoliosis and diabetes. Dancing assists these children to participate in a normal active lifestyle.

As the children will be touring in early July, I have brought forward this request for sponsorship as an urgent item for consideration by Council.

I propose that sponsorship of $200 per dancer be provided by Council, representing $4,600 in total.

The Sponsorship is consistent with Council’s Corporate Sponsorship guidelines through its community and social development and cultural development objectives. While funding can be provided to a for-profit or not-for-profit organisation, I propose that in this case funds be directed to the participating children as below:

Name Suburb Age Erin McClatchey Until recently Miller 17 years Rachael Dimond Moorebank 13 years Emily Gonano Moorebank 6 years Bethany Gonano Moorebank 8 years Chloe Gonano Moorebank 10 years  Emma Shaliapin Mount Pritchard 10 years  Jake Katavich Until recently Moorebank 10 years  Taylor Katavich Until recently Moorebank 13 years Sandra Yazbeck Chipping Norton 9 years Della Reinke Chipping Norton 10 years Holly Reinke Chipping Norton 11 years Jasmin Stroud Until recently Moorebank 16 years  Kara Buttigieg Holsworthy 16 years Madison Palmer Wattle Grove 11 years

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 7

 Hayley Billingsley Moorebank 14 years  Taryn Pritchard Hammondville 11 years Emma Frisina Casula 20 years Lara Turk Chipping Norton 10 years  Jessica Jelavic Prestons 12 years Brittney Phillips Lurnea 9 years  Rylee McCartney Hammondville 12 years Kirby McCartney Hammondville 10 years Lily Wise Hammondville 7 years  Denotes life challenge

Motion: Moved: Mayor Mannoun

That Council

1. Provides sponsorship of $200 to each child participating in the dancing tour arranged by Australian Dance and Drama Company to the USA from 5 July – 13 July, 2014 funded from the Councillor Reserve.

2. Takes up the opportunity for the children from the Australian Dance and Drama Company to perform at upcoming Council events, including the Night Markets.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 8

NOTICES OF MOTION

ITEM NO: NOM 01 FILE NO: 128956.2014 SUBJECT: Outstanding Legal, social and other Liabilities

NOTICE OF MOTION

That Council:

1. Provides a report to the July 2014 (under confidential cover as necessary) meeting that details all known areas of concern for current and projected exposure to legal, financial and social liabilities.

2. The report should advise level of projected exposure, Council's current position and what steps are being taken to address these situations.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That Council:

1. That Council receives a risk report based on the new Enterprise Risk Management Policy and Strategy, every six months commencing July 2014.

2. The report should advise level of projected exposure, Council's current position and what steps are being taken to address these situations.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 9

ITEM NO: NOM 02 FILE NO: 134503.2014 SUBJECT: Community Engagement

NOTICE OF MOTION

That Council:

1. Receives a report at its July 2014 meeting regarding the effectiveness of the subscription to the “Bang the Table” marketing campaign.

2. Total costs of the initiative; broken up into individual campaigns.

3. Are Council Officers able to ascertain the effectiveness of the use of this type of marketing to improve Council’s communication with its residents? What has that been?

4. Effective immediately provides all Councillors with a copy of the campaigns and the questions to be asked before the phone calls take place. (To allow Councillors to deal with feedback by residents effectively).

5. Approval for all questions by consultation with the Mayor and CEO.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

Foreshadowed Motion: Moved: Clr Ristevski Seconded: Clr Mamone

That Council notes the comments of the Acting Chief Executive Officer and receives and notes the motion only.

On being put to the meeting the motion moved by Clr Stanley was declared LOST.

The foreshadowed motion moved by Clr Ristevski then became the motion and on being put to the meeting was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 10

ITEM NO: NOM 03 FILE NO: 134517.2014 SUBJECT: CCTV

NOTICE OF MOTION

That Council:

1. Provides a report to the July 2014 Council meeting detailing the current operation of CCTV and Wi-Fi in the CBD.

2. The report should discuss (but not limited to):

a) Total spending to date b) Funding sources and how money has been allocated c) Details of any grant applications (whether successful or not) that may have been made to assist Council to set up and run CCTV d) Estimates of yearly maintenance and other costs that affect Council Budget. e) effectiveness of the initiative.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

Foreshadowed Motion: Moved: Clr Hadid Seconded: Clr Ristevski

That Council notes the comments of the Acting Chief Executive Officer and receives and notes the motion with an evaluation report to be prepared within 3 to 6 months.

On being put to the meeting the motion moved by Clr Stanley was declared LOST.

The foreshadowed motion moved by Clr Hadid then became the motion and on being put to the meeting was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 11

ITEM NO: NOM 04 FILE NO: 134688.2014 SUBJECT: Recording of Minutes of Council Meetings

NOTICE OF MOTION

That Council:

1. Saves the recordings of Council meetings for 6 months after the confirmations of the Minutes of that meeting.

2. Updates the Code of Meetings Practice page 15 at 21.7 to read:

21.7. For the purposes of compiling the minutes of meetings, each meeting shall be recorded, with the recordings kept, other than by resolution of Council, for six months after the minutes of that meeting are confirmed by Council and the recordings must be disposed of in accordance with the General Records Disposal Schedule for Local Government.

3. Updates any other relevant Council Policy documents to reflect these changes.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Saves the recordings of Council meetings for a four year rolling period.

2. Updates the Code of Meetings Practice page 15 at 21.7 to read:

21.7. For the purposes of compiling the minutes of meetings, each meeting shall be recorded, with the recordings kept, other than by resolution of Council, for a four year rolling period after the minutes of that meeting are confirmed by Council and the recordings must be disposed of in accordance with the General Records Disposal Schedule for Local Government.

3. Updates any other relevant Council Policy documents to reflect these changes.

4. Staff prepare a report to Council on the feasibility of introducing full web broadcasting of Council meetings and their availability as a podcast as practiced by a number of NSW Councils.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 12

ITEM NO: NOM 05 FILE NO: 134728.2014 SUBJECT: Election of Councillor as an Executive Member on NSW Branch of the Australian Local Government Women’s Association (ALGWA)

NOTICE OF MOTION

That Council:

1. Congratulates Councillor Waller on her service to the Australian Local Government Women’s Association and appointment to the NSW Executive.

2. Extends the Councillor expenses policy to cover the reasonable costs of travel and accommodation to attend Australian Local Government Women’s Association meetings for the one year term.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadchiti

That Council:

1. Congratulates Councillor Waller on her service to the Australian Local Government Women’s Association and appointment to the NSW Executive.

2. Extends the Civic Expenses and Facilities Policy to cover the reasonable costs of travel and accommodation to attend Australian Local Government Women’s Association meetings for the one year term.

3. Extends the Civic Expenses and Facilities Expenses Policy point 4.10.1 to read: “Any interstate travel to be approved by the Chief Executive Officer.”

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 13

INDEPENDENT HEARING AND ASSESSMENT PANEL REPORT

ITEM NO: IHAP 01 FILE NO: 119807.2014 SUBJECT: Torrens title subdivision creating two allotments at 165 Fifth Avenue, Austral

RECOMMENDATION

That Council approves Development Application DA-908/2013 for a facilitating Torrens title subdivision creating two allotments, subject to the recommended conditions attached to the Council officer’s IHAP report.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 14

ITEM NO: IHAP 02 FILE NO: 120346.2014 SUBJECT: Alterations and additions and two lot Torrens title subdivision at 5 Durack Place, Casula

RECOMMENDATION

That Council approves Development Application DA-1281/2013, subject to the recommended conditions attached to the Council officers IHAP Report and as modified by IHAP and the Council officer as follows:

B. PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE

2a. The proposed concrete driveway shall be located adjacent to the proposed boundary with proposed Lot 2 and a 600mm wide landscape strip be created between the proposed driveway and the boundary to the property to the north-west.

2b. A detailed landscape plan shall be submitted to the satisfaction of the PCA, prior to issue of any construction certificate.

2c. The proposed allotment boundary of the battle-axe handle where it traverses the shared driveway, should be maintained at 3 metres wide with a right of carriageway in favour of proposed lot 2 where it overlaps the driveway of the existing dwelling.

E. PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE

38a. The proposed driveway and landscaping should be constructed and installed prior to release of a subdivision certificate to ensure early establishment of landscaping.

42a. The following restriction as to user must be placed over proposed Lot 1 to benefit Lot 2. Details shall be submitted with the application for a Subdivision Certificate.

(a) A right of carriageway in favour of Lot 2 must be provided where it overlaps the driveway of the existing dwelling on Lot 1.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 15

ITEM NO: IHAP 03 FILE NO: 121338.2014 SUBJECT: Construction of a nine storey residential flat building containing thirty-six residential units with basement car parking and ancillary site works

RECOMMENDATION

That Council:

1. Approves Development Application No. DA-1413/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report

2. Notify in writing, the persons who made a submission with regard to the proposed development.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 16

ITEM NO: IHAP 04 FILE NO: 122664.2014 SUBJECT: Subdivision of two existing lots into 13 Torrens Title lots; road construction and tree removal at Lot 423 and Lot 41 San Cristobal Drive, Green Valley

RECOMMENDATION

That Council:

1. Approves Development Application DA-1291/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report and as modified by the following additional changes:

a. Delete Condition 19 as contained within the IHAP report.

b. Insert the following new condition to be satisfied prior to the issue of a Subdivision Certificate:

“Lot 12 and Lot 13 shall each be burdened by a restriction on the use of land which states that the burdened lots have no building entitlement. The 88B Instrument shall state that each restriction on the use of land shall not be extinguished or altered without the written consent of Liverpool City Council”.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 17

CHIEF EXECUTIVE OFFICER REPORT

ITEM NO: CEO 01 FILE NO: 117136.2014 SUBJECT: Supporting our Locals

RECOMMENDATION

That Council receive and note this report.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ristevski

1. That Council receive and note this report.

2. That Councillors receive an update at a Councillor Briefing Session on what other Councils are doing to preference their local businesses.

3. That Council designate an appropriate officer for contact and advice to local businesses interested in providing goods and services to Council and establishes an annual workshop on how to do business with Council with particular advice on applying for Council tenders

On being put to the meeting the motion was declared CARRIED.

Mayor Mannoun left the Chambers at 6.57pm.

Deputy Mayor Hadid took the Chair.

Mayor Mannoun returned to the Chambers at 7.00pm.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 18

ITEM NO: CEO 02 FILE NO: 135355.2014 SUBJECT: Staff Matter

RECOMMENDATION

That the arrangement suggested in the confidential report be adopted by Council and it remain confidential pursuant to the provisions of Section 10A(2)(a) of the Local Government Act 1993 as it contains personnel matters concerning particular individuals (other than Councillors).

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Karnib

That the recommendation be adopted.

Foreshadowed Motion: Moved: Clr Hadchiti Seconded: Clr Ristevski

That Council receive and note the report.

On being put to the meeting the motion from Clr Hadid was declared CARRIED and the foreshadowed motion from Clr Hadchiti lapsed.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 19

Clr Mamone left the Chambers at 7.03pm.

Clr Mamone returned to the Chambers at 7.07pm.

EXECUTIVE DIRECTOR REPORT

ITEM NO: ED 01 FILE NO: 127270.2014 SUBJECT: Local Government NSW Annual Conference

RECOMMENDATION

That: 1. Council nominates up to 11 delegates to attend the 2014 Local Government New South Wales Annual Conference to vote on motions.

2. Council staff prepare a report to the July Council meeting to consider proposed motions to be submitted to the Conference.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That:

1. Council nominates up to 11 delegates to attend the 2014 Local Government New South Wales Annual Conference to vote on motions.

2. Council staff prepare a report to the July Council meeting to consider proposed motions to be submitted to the Conference with the issue of trailer parking on residential streets to be one of the motions to be prepared.

3. Interested Councillors wishing to attend the Conference to contact the Chief Executive Officer’s Office by Friday, 27 June 2014.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 20

ITEM NO: ED 02 FILE NO: 128877.2014 SUBJECT: Councillor Access to Information and Interaction with Staff Policy

RECOMMENDATION

That Council adopts the revised Councillor Access to Information and Interaction with Staff Policy.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council adopts the revised Councillor Access to Information and Interaction with Staff Policy subject to the following changes:

1. The response times referred to in the Policy for Mayoral, Deputy Mayor and Councillor requests be changed to two ordinary days.

2. A definition of the word “response” be included in the Policy.

3. The Chief Executive Officer to review the current system and report back to Council.

4. Point 4.8.3 of the Policy which deals with inappropriate interactions and currently reads:

“The following interactions are inappropriate:

4.8.3. The Mayor or Councillors approaching staff outside the Council building or outside hours of work to discuss Council business.”

To be deleted from the policy.

Foreshadowed Motion: Moved: Clr Shelton Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion from Clr Hadchiti was declared CARRIED and the foreshadowed motion from Clr Shelton lapsed.

Clrs Shelton and Stanley asked to be recorded as voting against the motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 21

ITEM NO: ED 03 FILE NO: 128889.2014 SUBJECT: Annual Reporting of Contracts for Senior Staff

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 22

ITEM NO: ED 04 FILE NO: 128850.2014 SUBJECT: Endorsement of the 2013-17 Delivery Program and 2014-15 Operational Plan

RECOMMENDATION

That Council:

1. Adopts the 2013-17 Delivery Program and 2014-15 Operational Plan with the changes outlined in this report.

2. Makes the rates and charges for the financial year commencing 1 July 2014 as outlined in the Statement of Revenue Policy and exhibited in the draft Delivery Program and Operational Plan.

3. Approves the fees and charges outlined below to be placed on public exhibition for 28 days and that a further report to Council be provided with any submissions made:

3.1 Attached changes to the fee structure for onsite sewerage fees.

3.2 New fee structure to apply to construction certificates for Class 2-9 Commercial / Industrial, Class 10A Outbuildings over $5,000 Residential and Class 2-9 and 10A Commercial over $5,000 if the application is lodged as a combined Development Application and Construction Certificate including registration.

3.3 Change in cost of after-hours venue hire for the Michael Wenden Aquatic Leisure Centre from not applicable in 2013-14 to subject to negotiation in 2014-15.

4. Writes to the individuals and groups who provided a submission, thanking them for their submission and provides a response to their feedback and, or comments.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That Council:

1. Adopts the 2013-17 Delivery Program and 2014-15 Operational Plan with the changes outlined in this report.

2. Makes the rates and charges for the financial year commencing 1 July 2014 as outlined in the Statement of Revenue Policy and exhibited in the draft Delivery Program and Operational Plan.

3. Approves the fees and charges outlined below to be placed on public exhibition for 28 days and that a further report to Council be provided with any submissions made:

3.1 Attached changes to the fee structure for onsite sewerage fees.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 23

3.2 New fee structure to apply to construction certificates for Class 2-9 Commercial / Industrial, Class 10A Outbuildings over $5,000 Residential and Class 2-9 and 10A Commercial over $5,000 if the application is lodged as a combined Development Application and Construction Certificate including registration.

3.3 Change in cost of after-hours venue hire for the Michael Wenden Aquatic Leisure Centre from not applicable in 2013-14 to subject to negotiation in 2014-15.

3.4 Delete the Busking Permit Fee.

4. Writes to the individuals and groups who provided a submission, thanking them for their submission and provides a response to their feedback and, or comments.

5. That Council review its hoarding fees and any methodology used to come up with that figure and compare them with other Councils hoarding fees and provide a report back to Council.

On being put to the meeting the motion was declared CARRIED.

Division Called:

Vote for: Mayor Mannoun Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski

Vote Against: Clr Harle Clr Karnib Clr Shelton Clr Stanley

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 24

BUSINESS EXCELLENCE REPORT

ITEM NO: GMBE 01 FILE NO: 127402.2014 SUBJECT: Statutory Investment Report May 2014

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 25

CITY PRESENTATION REPORT

ITEM NO: GMCP 01 FILE NO: 102252.2014 SUBJECT: ST2248 - Supply and Delivery of Trees and Shrubs

RECOMMENDATION

That Council:

1. Adopts the recommendation put forward in the confidential report provided under separate cover.

2. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That Council:

1. Accept the Tender from Alpine Nurseries Pty Ltd, Green Leisure Group, Greenhaven Garden Centre, Greening Australia NSW, Muru Mittigar Pty Ltd, Toolijooa Pty Ltd for Tender ST2248 Tree and Shrub Supply and Delivery for an initial 2 year contract term with the option of extending 3 times for 12 months each.

2. Makes public its decision regarding tender ST2248 - Tree and Shrub Supply and Delivery.

3. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 26

ITEM NO: GMCP 02 FILE NO: 102330.2014 SUBJECT: ST2328 - Supply and Delivery of Two (2) Wood Chippers

RECOMMENDATION

That Council:

1. Adopts the recommendation put forward in the confidential report provided under separate cover.

2. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Motion: Moved: Clr Stanley Seconded: Clr Harle

That Council deal with this matter at the end of the meeting in Closed Session.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 27

COMMUNITY AND CULTURE REPORT

ITEM NO: GMCC 01 FILE NO: 127996.2014 SUBJECT: Local Government Arts and Culture Awards

RECOMMENDATION

That Council:

1. Acknowledges the win of two 2014 Local Government Arts and Culture Awards.

2. Thank staff at Casula Powerhouse Arts Centre for their work.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 28

ITEM NO: GMCC 02 FILE NO: 128095.2014 SUBJECT: Request for Rental Waiver - Disability South West Limited (Noah's Ark Toy Library)

RECOMMENDATION

That Council:

1. Approve a three-year license from 1 July 2014 for Disability South West Limited (Noah’s Ark Toy Library) to use the City Library Orange Room for service delivery.

2. Approve the waiver of normal rental fees for the period of this license.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That Council:

1. Approve a three-year license from 1 July 2014 for Disability South West Limited (Noah’s Ark Toy Library) to use the City Library Orange Room for service delivery.

2. Approve the waiver of normal rental fees for the period of this license.

3. Note the savings it’s experiencing by not having to provide a toy borrowing service as this I being provided by Noah’s Ark Toy Library.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 29

ECONOMY AND ENGAGEMENT REPORT

ITEM NO: GMEE 01 FILE NO: 133467.2014 SUBJECT: Donations, Grants and Sponsorship

RECOMMENDATION

That Council:

1. Endorses the Financial Contributions Panel's recommendations for the provision of $1,900 under the Sporting Donations Program as summarised in the table below

Applicant Name Amount Georgia Heath $200 Maddison Heath $200 Chantelle Mills $200 Amber Williams $500 Shannon Fitzgerald $200 Cayla Fitzgerald $200 Daniel J Lambert $200 Tiana Stojkovic $200

2. Endorses the Financial Contributions Panel's recommendations for the provision of $17,370 under the Community Donations Program (including four Community Grants applications and one Youth Donation applications) as summarised in the table below

Applicant Name Project Name Amount Liverpool Neighbourhood Keep ‘em Safe $5,000 Connections Liverpool Neighbourhood Cooking for Living $1,875 Connections Sloosh Kidscare Inc. The Early Buzz Program $4,995 La’u Samoa Council Samoan Independence Day $5,000 Shayla Gibbs National representation at $500 World Hip Hop Dance Championship in USA

3. Endorses the Financial Contributions Panel's recommendations for the provision of $15,000 from the 2014/15 Corporate Sponsorship Program, subject to Council’s adoption of its 2014/15 budget, as summarised in the table below:

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 30

Applicant name Amount NSW Business Chamber $5,000 ex GST The Eid Festival In The Park $3,000 ex GST Share Care Incorporated $5,000 ex GST Tank U Pty Ltd T/A Australian Fighters and Martial Arts $1,000 ex GST Exhibition Hoxton Park Public School P & C $1,000 ex GST

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 31

ITEM NO: GMEE 02 FILE NO: 134150.2014 SUBJECT: Liverpool Youth Council Committee Community Member Nomination 2014- 2016

RECOMMENDATION

That Council approves and endorses the nominations of the selection panel for the new Liverpool Youth Council for the 2014-2016 term (confidential report attached with the applicants’ details).

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Harle

That Council endorses the following young people as members of the Liverpool Youth Council for the 2014-2016 term.

Alicia Camilleri Marcelo Locardi-Rauth Andy Oraha Michael Tanazefti Audrey Figues Michael Tien Christina Pisani Nikhil Goyal Lilly Lyons Sarah Yahya Luke Hey Tanika Sibal

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 32

GOVERNANCE REPORT

ITEM NO: GMGO 01 FILE NO: 116046.2014 SUBJECT: Enterprise Risk Management Draft Policy and Strategy

RECOMMENDATION

That Council adopt the Draft Risk Management Policy and Risk Management Framework.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

1. That Council adopt the Draft Risk Management Policy and Risk Management Framework.

2. That the Risk Management Committee referred to in the Policy be a Committee of Council and a Charter be brought back to Council for adoption.

Foreshadowed Motion: Moved: Clr Stanley Seconded: Clr Karnib

That Council defer adoption of the Risk Management Policy until further information is brought back to Council in July 2014 in relation to the Risk Management Committee, which shall consist of a majority of professional staff members of Council together with Councillor members.

On being put to the meeting the motion from Mayor Mannoun was declared LOST.

The foreshadowed motion from Clr Stanley became the motion and on being put to the meeting was declared CARRIED.

Mayor Mannoun called for recess of Council at 8.02pm.

Mayor Mannoun resumed the meeting at 8.15pm.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 33

ITEM NO: GMGO 02 FILE NO: 122997.2014 SUBJECT: Compulsory Acquisition of a part of Lot 10 DP 881265, Mill Park, Casula by the Rail Corporation of New South Wales

RECOMMENDATION

That Council:

1. Notes that the Rail Corporation of New South Wales are compulsory acquiring a part of Lot 10 DP 881265, Mill Park, comprising an area of approximately 21.3 square metres for the purposes of enclosing a critical piece of railway infrastructure;

2. Notes that in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, the compensation amount payable to Council will be determined by the Valuer General;

3. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision;

4. Transfers the compensation amount into the Property Development Reserve;

5. Notes that a follow up report will be submitted to Council advising of the compensation amount determined by the Valuer General.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 34

ITEM NO: GMGO 03 FILE NO: 123274.2014 SUBJECT: Review of the Code of Meeting Practice

RECOMMENDATION

That Council:

1. Receives and notes this report.

2. Proceeds with the proposed amendments as advertised.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 35

ITEM NO: GMGO 04 FILE NO: 123580.2014 SUBJECT: Civic Expenses and Facilities Policy

RECOMMENDATION

That Council:

1. Notes this report.

2. Resolves to fix the fees payable to the Mayor and Councillors for the period 1 July 2014 to 30 June 2015 in accordance with the maximum for a Metropolitan Centre as determined by the Local Government Remuneration Tribunal on 24 April 2014.

3. Adopts the Civic Expenses and Facilities Policy attached to this report.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Shelton

That Council:

1. Notes this report.

2. Resolves to fix the fees payable to the Mayor and Councillors for the period 1 July 2014 to 30 June 2015 in accordance with the maximum for a Metropolitan Centre as determined by the Local Government Remuneration Tribunal on 24 April 2014.

3. Adopts the Civic Expenses and Facilities Policy attached to this report subject to the following change:

Remove “Senior Advisor” from Point 4.4.2(d) of the Policy.

Foreshadowed Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That the recommendation be adopted with the addition to Clause 4.10.1 as referred to below:

Note: During Item NOM 05 of this meeting (on page 12 of these minutes), Council adopted a further change to the Policy as outlined below:

“Council extends the Civic Expenses and Facilities Policy point 4.10.1 to read:

Any interstate travel to be approved by the Chief Executive Officer.”

On being put to the meeting the motion moved by Clr Harle was declared LOST.

Clrs Shelton and Stanley asked that they be recorded as voting for the motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 36

The foreshadowed motion from Mayor Mannoun then became the motion and on being put to the meeting was declared CARRIED.

Clrs Shelton and Stanley asked that they be recorded as voting against the motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 37

INFRASTRUCTURE AND ENVIRONMENT REPORT

ITEM NO: GMIE 01 FILE NO: 121127.2014 SUBJECT: Tender ST2329 – Liverpool LGA Traffic and Transport Study

RECOMMENDATION

That Council:

1. Declines to accept any of the tenders for Tender ST2329 - Liverpool LGA Traffic and Transport Study.

2. In accordance with Section 178, Clause 3(a) of the Local Government Act (General) Regulation 2005, postpones the proposal for the contract.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 38

ITEM NO: GMIE 02 FILE NO: 100255.2014 SUBJECT: Council’s Multi-Storey Parking Stations

RECOMMENDATION

That Council receives and notes the contents of this report.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded:Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 39

ITEM NO: GMIE 03 FILE NO: 121108.2014 SUBJECT: Tender PQ2347 - Air Conditioning Upgrade at Hilda Davis Community Centre

RECOMMENDATION

That Council:

1. Accepts the recommendation put forward in the confidential report provided under separate cover.

2. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of ta confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That Council:

1. Accepts the quote from Integral Electrical Engineering Co. Pty Ltd for Quote PQ2347 Replacement of Air Conditioning System at Hilda Davis Community Centre for the lump sum price of $178,228 plus GST.

2. Makes public its decision regarding quote PQ2347 - Replacement of Air Conditioning System at Hilda Davis Community Centre.

3. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft minutes on Council website for the quote, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 40

ITEM NO: GMIE 04 FILE NO: 122430.2014 SUBJECT: Tender WT2348 - Construction of Amalfi Park Detention Basin, Graham Avenue, Lurnea

RECOMMENDATION

That Council:

1. Adopts the recommendation put forward in the confidential report provided under separate cover.

2. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A (2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Harle

That Council:

1. Accepts the Tender submission from Civil Constructions Pty Ltd for WT2348 - Construction of Amalfi Park Detention Basin, Graham Avenue, Lurnea for the price of $3,512,345.45 plus GST.

2. Makes public its decision regarding WT2348 – Construction of Amalfi Park Detention Basin, Graham Avenue, Lurnea

3. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A (2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 41

Mayor Mannoun left the Chambers at 8.24pm.

Deputy Mayor Hadid took the Chair.

Mayor Mannoun returned to the Chambers at 8.27pm.

Mayor Mannoun left the Chambers at 8.28pm.

Deputy Mayor Hadid took the Chair.

Mayor Mannoun returned to the Chambers at 8.29pm.

PLANNING AND GROWTH REPORT

ITEM NO: GMPG 01 FILE NO: 090632.2014 SUBJECT: LLEP Draft Amendment No. 50 - Proposed Rezoning of 900 Cowpasture Road, Cecil Hills. Sydney Water Site

RECOMMENDATION

That Council:

1. Endorses the Sydney Water Site Planning Proposal (Amendment No. 50) to be forwarded to NSW Planning and Environment seeking Gateway determination.

2. Subject to Gateway approval, proceeds with public authority consultation and public exhibition in accordance with the determination.

3. Notes that the outcomes of public authority consultation and public exhibition will be reported to council in future.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Karnib

Council defer the matter for further information and a report back to Council.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton

Vote against: Clr Stanley

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 42

ITEM NO: GMPG 02 FILE NO: 101014.2014 SUBJECT: Draft Amendment to Part 5 Liverpool Development Control Plan 2008 (Development in Rural and Environmental Zones)

RECOMMENDATION

That Council:

1. Resolves to prepare and publicly exhibit an amendment to Liverpool Development Control Plan 2008 in accordance with Section 74C of the Environmental Planning and Assessment Act 1979.

2. Receives a future report considering the comments received during public exhibition.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 43

ITEM NO: GMPG 03 FILE NO: 101724.2014 SUBJECT: Draft Liverpool Local Environmental Plan 2008 (Amendment No.42) and Draft Liverpool Development Control Plan 2008 (Amendment No.12) - Restricted Premises

RECOMMENDATION

That Council:

1. Adopt Draft Liverpool Local Environmental Plan 2008 (Amendment No 42) and forward the plan to NSW Planning and Environment requesting notification (gazettal) of the amendment.

2. Adopt Draft Liverpool Development Control Plan 2008 (Amendment No 12), to come into effect as at its notification in the local paper.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton

Vote against: Clr Stanley

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 44

ITEM NO: GMPG 04 FILE NO: 111545.2014 SUBJECT: Public Exhibition Outcomes - Liverpool Development Control Plan Draft Amendment 13

RECOMMENDATION

That Council adopts Amendment 13 to the Liverpool Development Control Plan 2008 in accordance with the section 21 of the Environmental Planning and Assessment Regulation 2000 to come into effect upon the publication of a public notice in the local paper.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 45

ITEM NO: GMPG 05 FILE NO: 111831.2014 SUBJECT: Approval for Works-In-Kind Tender for DA-647/2012/A, DA-290/2013/A and DA-378/2013

RECOMMENDATION

That Council:

1. Accept the Tender WIK proposal by the developer subject to capping the WIK credit to the amounts indicated on the Liverpool Contributions Plan 2009.

2. Notes that the Executive Director will finalise and sign a WIK agreement in accordance with the delegated authority.

3. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 46

ITEM NO: GMPG 06 FILE NO: 122707.2014 SUBJECT: Black Muscat Park - Noise and Unapproved Use

RECOMMENDATION

That Council:

1. Notes the background information in this report and the options discussed.

2. Endorses Option 1 for a trial period of 3 months commencing on Saturday 5 July at an estimated cost of $8000.

3. Directs that the trial be funded from operational budget savings to be allocated at the first quarterly review.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 47

ITEM NO: GMPG 07 FILE NO: 129662.2014 SUBJECT: Changes to the Independent Hearing and Assessment Panel Charter and Procedure

RECOMMENDATION

That Council:

1. Adopts the revised Independent Hearing and Assessment Panel Charter and Procedure as attached to this report.

2. Amends the IHAP delegation of 30 October 2013 by including a new Clause (c) as follows to reflect the requirement for all development applications proposing a variation to a development standard of 10% or greater to be decided by Council:

(c) That all development applications where there has been a variation to a development standard of 10% or greater, be determined by the elected Council in accordance with Clause 4.6 of Liverpool Local Environmental Plan 2008.

3. Delegates authority to the CEO to approve and amend the IHAP procedure from time to time, in consultation with the members of the IHAP and the community.

4. Notes that a further report will be provided to Council at a future meeting on assessment panel options as part of a broader review of development assessment delegations.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Stanley

1. Adopts the revised Independent Hearing and Assessment Panel Charter and Procedure as attached to this report.

2. Amends the IHAP delegation of 30 October 2013 by including a new Clause (c) as follows to reflect the requirement for all development applications proposing a variation to a development standard of 10% or greater to be decided by Council:

(c) That all development applications where there has been a variation to a development standard of 10% or greater, be determined by the elected Council in accordance with Clause 4.6 of Liverpool Local Environmental Plan 2008.

3. Notes that a further report will be provided to Council at a future meeting on assessment panel options as part of a broader review of development assessment delegations.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 48

COMMITTEE REPORTS

ITEM NO: CTTE 01 FILE NO: 047873.2014 SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 8 May 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 8 May 2014.

2. Note that the Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadchiti

That Council:

1. Receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 8 May 2014.

2. Note that the Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

3. That the committee be invited to provide to Council a schedule of recurring annual events and anticipated costs.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 49

ITEM NO: CTTE 02 FILE NO: 117579.2014 SUBJECT: Minutes of Liverpool Youth Council meeting held on 6 May 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Liverpool Youth Council held on Tuesday 6 May 2014.

2. Notes that the Minutes identify a number of actions that require Council staff to undertake. Furthermore notes that funding for the Liverpool Youth Council is allocated within the budget of the Community Development Unit.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 50

ITEM NO: CTTE 03 FILE NO: 120044.2014 SUBJECT: Local Traffic Committee Minutes of Meeting Held on 14 May 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Local Traffic Committee Meeting held on 14 May 2014.

2. Adopts the following recommendations of the Local Traffic Committee meeting:

Item 1 Pine Road, Casula - Proposed road closure of the section close to the Hume Highway

i. Approves the proposed full road closure of the section of Pine Road, between the BP Service Station driveway off Pine Road and the Hume Highway, Casula and associated road works i.e. extension of Ingham Drive to the Hume Highway and realignment of Pine Road, to connect to the proposed Ingham Drive extension. ii. Advises all stakeholders of the outcome.

Item 2 Macquarie Street, Liverpool – Review of on-street parking after hours

i. Approves amendment of the existing No Stopping zone from full time No Stopping to No Stopping 5:00am-7:00pm between 333 to 345 Macquarie Street (for a distance of approximately 42m) for a trial period of six months. The outcome of the trial period to be reported to the LTC. ii. Advises all stakeholders of the outcome.

Item 3 Quadrat Lane, Sadleir – Request for Children’s Crossing outside Sadleir Public School

i. Approves the installation of Children’s Crossing on Quadrat Lane, Sadleir outside Sadleir Public School. ii. Sadleir Public School be notified and be requested to sign the Children’s Crossing Flags Agreement.

Item 4 George Street, Liverpool – Proposed Special Event (Starry Sari Night)

i. Approves the proposed road event (for 2014 and 2015) as Class 2 Special Events with the following requirements:  Submission of a Special Events Traffic Management Plan with associated traffic control plan to RMS for endorsement.  Advertising of the event and the proposed temporary road closures of the events at least 28 days prior to the event.

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Chairperson 51

 Certificate of currency, with RMS and the Police indemnified.  Consultation with the Police.  Appropriate consultation with local bus operators and emergency access.

Item 5 Nuwarra Road and Marshall Avenue Intersection, Moorebank – Review of Intersection Control

i. Approves the installation of an advisory sign “Do Not Queue Across Intersection” (G9–237) on Nuwarra Road at its intersection with Marshall Avenue for westbound motorists as per RMS guidelines. ii. Advises all stakeholders of the outcome.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That Council:

1. Receives and notes the Minutes of the Local Traffic Committee Meeting held on 14 May 2014.

2. Adopts the following recommendations of the Local Traffic Committee meeting:

Item 1 Pine Road, Casula - Proposed road closure of the section close to the Hume Highway

i. Approves the proposed full road closure of the section of Pine Road, between the BP Service Station driveway off Pine Road and the Hume Highway, Casula and associated road works i.e. extension of Ingham Drive to the Hume Highway and realignment of Pine Road, to connect to the proposed Ingham Drive extension. ii. Advises all stakeholders of the outcome.

Item 2 Macquarie Street, Liverpool – Review of on-street parking after hours

Note: Council at its meeting on 20 June 2014 did not approve the Traffic Committee’s recommendation in relation to this Item and instead resolved:

i. Approves amendment of the existing No Stopping zone from full time No Stopping to No Stopping 5:00am-8:00pm between 333 to 345 Macquarie Street (for a distance of approximately 42m) for a trial period of six months. The outcome of the trial period to be reported to the LTC. ii. Advises all stakeholders of the outcome.

Item 3 Quadrat Lane, Sadleir – Request for Children’s Crossing outside Sadleir Public School

i. Approves the installation of Children’s Crossing on Quadrat Lane,

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 52

Sadleir outside Sadleir Public School. ii. Sadleir Public School be notified and be requested to sign the Children’s Crossing Flags Agreement.

Item 4 George Street, Liverpool – Proposed Special Event (Starry Sari Night)

i. Approves the proposed road event (for 2014 and 2015) as Class 2 Special Events with the following requirements:  Submission of a Special Events Traffic Management Plan with associated traffic control plan to RMS for endorsement.  Advertising of the event and the proposed temporary road closures of the events at least 28 days prior to the event.  Certificate of currency, with RMS and the Police indemnified.  Consultation with the Police.  Appropriate consultation with local bus operators and emergency access.

Item 5 Nuwarra Road and Marshall Avenue Intersection, Moorebank – Review of Intersection Control

i. Approves the installation of an advisory sign “Do Not Queue Across Intersection” (G9–237) on Nuwarra Road at its intersection with Marshall Avenue for westbound motorists as per RMS guidelines. ii. Advises all stakeholders of the outcome.

Foreshadowed motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That the recommendation be adopted subject to Item 1 relating to Pine Road Casula being deferred.

On being put to the meeting the motion from Clr Stanley was declared CARRIED.

The foreshadowed motion from Mayor Mannoun therefore lapsed and was not voted on.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 53

ITEM NO: CTTE 04 FILE NO: 121304.2014 SUBJECT: Minutes of the Liverpool Access Committee 8 May 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 8 May 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 54

ITEM NO: CTTE 05 FILE NO: 125166.2014 SUBJECT: Environment Advisory Committee Meeting Minutes of 12 May 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 12 May 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Wednesday, 25 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 55

ITEM NO: CTTE 06 FILE NO: 126730.2014 SUBJECT: Minutes of Tourism and Events Committee meeting held 4 June 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Tourism and Events Committee Meeting held on 4 June 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Wednesday, 25 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 56

ITEM NO: CTTE 07 FILE NO: 127236.2014 SUBJECT: Key Site Master Planning Steering Committee Minutes - 3 June 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 3 June 2014;

2. Adopts the recommendation put forward in the confidential report provided under separate cover; and

3. Keeps confidential the minutes supplied under separate cover containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That Council:

1. Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 3 June 2014;

2. Adopts the recommendation put forward in the confidential report provided under separate cover; and

3. Keeps confidential the minutes supplied under separate cover containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

4. That the minutes in future are provided to Council so that ratepayers are aware of what is discussed at this Committee. Only Items that satisfy Section 10A(2)(c) of the Local Government Act 1993 are to be reported separately.

5. Notice of meetings of this Committee be given to all Councillors with a minimum of 3 days notice.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 57

ITEM NO: CTTE 08 FILE NO: 129023.2014 SUBJECT: Minutes of the Warwick Farm Racing Precinct Steering Committee Meeting held on 29 April 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Warwick Farm Racing Precinct Steering Committee Meeting held on 3 June 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Wednesday, 25 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 58

ITEM NO: CTTE 09 FILE NO: 130862.2014 SUBJECT: Minutes of the Budget and Finance Committee

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 4 June 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Wednesday, 25 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 59

ITEM NO: CTTE 10 FILE NO: 131332.2014 SUBJECT: Street Naming Committee minutes from 3 June 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Street Naming Committee Meeting held on 3 June 2014.

2. Allocates $2,650 to be funded from the General Fund for a commemorative naming plaque for Bob Evans Park in Moorebank.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Mamone

That Council:

1. Receives and notes the Minutes of the Street Naming Committee Meeting held on 3 June 2014.

2. Allocates $2,650 to be funded from the General Fund for a commemorative naming plaque for Bob Evans Park in Moorebank.

3. Approve the name Gran Sasso Avenue for the street in Edmonson Park referred to in Item 3 of the Minutes.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Wednesday, 25 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 60

ITEM NO: CTTE 11 FILE NO: 127974.2014 SUBJECT: Liverpool Sports Committee Minutes of Meeting 27 March 2014

RECOMMENDATION

That Council receives and notes the minutes of the Liverpool City Sports Committee meeting held on 27 March 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Wednesday, 25 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 61

ITEM NO: CTTE 12 FILE NO: 133853.2014 SUBJECT: Minutes of Economic Development Committee meeting held 4 June 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Economic Development Committee Meeting held on 4 June 2014.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Wednesday, 25 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 62

9.30pm Extension of time to continue meeting

Motion: Moved: Mayor Mannoun Secconded: Clr Hadid

That an extension of time of 30 minutes be granted to continue the meeting.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: CTTE 13 FILE NO: 133858.2014 SUBJECT: Minutes of Building Our New City Committee meeting held 4 June 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Building our New City Committee Meeting held on 4 June 2014.

2. Approves the raising of a $10.7m loan to be serviced from the Town Improvement Fund levy with or without a NSW Government Local Infrastructure Renewal Scheme subsidy to fund a range of Building Our New City projects prioritised through the process facilitated by the NSW Government Architect’s Office.

COUNCIL DECISION Motion: Moved: Clr Stanley Seconded: Clr Shelton

That Council:

1. Receives and notes the Minutes of the Building our New City Committee Meeting held on 4 June 2014.

2. Defers the raising of a $10.7m loan to be serviced from the Town Improvement Fund levy until such time as costings and plans for the revitalisation project are in place.

Foreshadowed motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion moved by Clr Stanley was declared LOST.

Division Called:

Vote for: Clr Harle Clr Karnib Clr Shelton Clr Stanley

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Chairperson 63

Vote against: Mayor Mannoun Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski

The foreshadowed motion then became the motion and on being put to the meeting was declared CARRIED.

Clrs Shelton and Stanley asked to be recorded as voting against the motion (moved by Mayor Mannoun).

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 64

CORRESPONDENCE REPORTS

ITEM NO: CORR 01 FILE NO: 076531.2014 SUBJECT: Incoming and Outgoing Correspondence Report

RECOMMENDATION

That Council receives and notes the report.

Motion: Moved: Clr Shelton Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 65

QUESTIONS WITH NOTICE

ITEM NO: QWN 01 FILE NO: 106084.2014 SUBJECT: Question with Notice - Clr Stanley

QUESTIONS WITH NOTICE Please address the following:

1. How many bus shelters have been constructed in the 2013-2014 year?

Five bus shelters are scheduled to be installed in the 2013-14 program year. A contract is being awarded for the fabrication and installation of the bus shelters and at this stage, the shelters are expected to be installed by August 2014.

2. What are their locations?

 Cowpasture Road, Hinchinbrook - on the eastern side approximately 50m south of Collarenebri Rd;

 Mannow Avenue, West Hoxton - on the southern side approximately 50m west of Tunnack Close;

 Greenway Drive, West Hoxton - on the northern side approximately 70m west of Carmichael Drive;

 Joshua Moore Drive, Horningsea Park - on the northern side approximately 45m east of Cowpasture Rd; and

 Hoxton Park Road, Hoxton Park - on the northern side approximately 50m east of Glen Innes Rd.

3. Is there any back log from previous years?

In response to a significant demand for bus shelters, Council has developed a city wide priority program for the progressive installation of bus shelters, which aims to provide over 40 shelters in the short to medium term. However, due to competing priorities and constrained budgets, only limited funding is able to be directed towards bus shelters, which has created a backlog of the above 40 shelters.

The need for bus shelters is identified in consultation with the community and bus operators. The ranking of priority for the provision of bus shelters is generally based on the following factors:

proposed location of shelter - bus stops adjoining high pedestrian and patron generating facilities will be ranked higher .e.g. schools, shopping centres, aged care facilities and community facilities; and

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Chairperson 66

4. How many will be constructed in the 2014-2015 financial year?

Three bus shelters are planned to be installed in the 2014-2015 program year.

5. Where are new bus shelters to be located?

 Heckenberg Rd, Sadleir - on the southern side at 87 Heckenberg Rd;

 Leacocks Lane, Casula - on the western side approximately 45m west of Roberts Rd; and

 Middleton Grange - location to be confirmed following further investigation.

6. Please indicate whether these are in new or established suburbs.

Shelters will be provided in both new release and established areas of Liverpool.

7. What is the approximate cost of a bus shelter?

The estimated cost to supply and install new bus shelters ranges between $20,000 and $25,000 depending on extent of site works required to provide fully accessible bus stops. Shelters cost approximately $18,000.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 67

ITEM NO: QWN 02 FILE NO: 117517.2014 SUBJECT: Question with Notice - Clr Harle

QUESTIONS WITH NOTICE

Please address the following:

1. Can Council provide the status of steps implemented to prevent Public Address Systems being used in the Chipping Norton Recreational Area since the matter was previously debated in Council?

Signage has been erected that indicates that amplified music is not permitted without approval from Council, and Counci’s Compliance Officers attend the site in response to complaints. Council officers have also had discussions with NSW Police, Liverpool Local Area Command (LAC).

2. Have prominent signs indicating that “PA system are not allowed in the park” been installed as was promised when the matter was raised previously?

As noted in response to Question 1 above, there are signs in the park advising that amplified music is not permitted except with Council approval.

3. Is Council aware that Black Muscat Park is again regularly used by large groups that produce extremely loud music, particularly “Middle Eastern Music” which continues to be a major problem despite Councils’ preventative efforts?

A number of complaints have been made this year regarding large groups playing music in the park. Council officers have responded as noted above. It is noted that the complaints have been made by one resident.

4. The matter was again reported on the 18th of May. Previously Rangers were to attend the Park area early on Saturday and Sunday mornings to prevent groups setting up PA systems, has this practice been discontinued?

Council’s Compliance Officers currently attend the site in response to calls to the after-hours pager, as resources allow. During the period October 2013 to March 2014, rangers were rostered to attend the site three times on Saturdays and Sundays. As noted in the memo to Councillors in Attachment B, the regular patrols ceased in March 2014.

5. Have Rangers asked Police for assistance when complaints have been received from nearby residents and if so, what was the response?

Liverpool police have been contacted on several occasions to assist officers attending the site. The police have advised they cannot prioritise noise complaints over more serious crime matters. However, in recent discussions, Liverpool LAC has advised that if Council officers are unable to resolve a situation in the park, they should return to seek police assistance in person. Subject to available resources, police will accompany Council officers to assist if the circumstances warrant it.

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Chairperson 68

6. Several incident have been reported to me of noise affected residents being harassed and intimidated by large groups of 1000 or more Black Muscat Park users. Those incidents occurred when residents opposite the park asked operators to reduce the sound level or questioned if they had permission from Liverpool Council to use the area. Has Council issued permits over the last six months allowing any groups to use the park area, including permission to operate PA systems?

Council’s Recreation section advises that the booking arrangements do not involve the issue of a formal permits. The users are not given exclusive use of an area of any park. No approvals have been issued for use of this part of Black Muscat Park and no approvals have been issued to allow for the use of amplified music or PA systems.

7. Is Council aware that members of these groups use wood gathered from bush areas within the park to fuel open fires and barbeques rather than use those supplied by Council?

Council’s Recreation section is unaware of such practices.

8. Is Council aware that those open fires often result in covering large areas of the park with dense smoke that detrimentally affects all park users as well as residents in the adjoining areas? Often to the extent that residents are forced to close all windows and doors to avoid the smoke that lingers for several hours after park users have left the area.

Council’s Recreation section is unaware of such practices.

9. In relation to toilet amenities for the Chipping Norton Recreational areas; does the system cope when groups of several thousand visitors use these facilities and what is Councils liability if problems occur?

Council’s Coordinator Facility Maintenance Programs advises that unless affected by vandalism or improper use, the toilets in the Chipping Norton Recreation area are adequate for the numbers that use the facilities.

Two years ago Council was fixing problems with the toilets at Black Muscat and Homestead Parks every week. Works have been carried out since then to reduce the impact of improper use of the toilets on their function. For example the tank at Black Muscat was failing continually because people were putting items like nappies down the toilet. A secondary tank has now been installed so these bulky items stay in the first tank and pump out occurs from the second tank. Homestead Park toilets have now been improved so it pumps directly to sewer. The only major incident in the past few years occurred recently when the pump failed due to an electrical fault and toilets had to be closed until the new pump was available.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 69

10. Can I be provided with the approximate costs associated for two Rangers to patrol the area on Saturdays, Sundays and public Holidays from 10:00 am to 3:00pm?

Two Compliance Officers allocated to the park for five hours on a Saturday and Sunday would cost in the range of $925 to $1,110 (depending on the hourly rate of the officer). However, these officers would need to be in addition to normal rostering requirements on weekends for compliance and enforcement activities across the LGA. Additional resources would be needed. The cost of two security guards for five hours each day for Saturday and Sunday would be $660 total.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 70

ITEM NO: QWN 03 FILE NO: 134461.2014 SUBJECT: Question with Notice - Clr Stanley

QUESTIONS WITH NOTICE

Please address the following:

1. Have staff had an opportunity to look at the ramifications of changes and funding cuts in the Federal Budget

2. Can I be advised what the budget will mean for:

a) The Pensioner rate subsidies?

b) Road upgrades and works for the next budget.

c) Any other known changes that may affect ratepayers or Liverpool plans or projects.

A response to these questions will be included in the July business paper. Clr Stanley requested a response to be provided to Councillors before the next Council meeting.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 71

Motion: Moved: Clr Stanley Seconded: Mayor Mannoun

That Council thank and congratulate the Acting Chief Executive Officer, Mr Rob Noble for his wonderful work and wish him all the best with his future endeavours.

On being put to the meeting the motion was declared CARRIED

CONFIRMATION OF MINUTES

Motion: Moved: Mayor Mannoun Seconded: Clr Harle

That the minutes of the Extraordinary Meeting held on 27 May 2014 and the Ordinary Meeting held on 28 May 2014 be confirmed as a true record of those meetings.

On being put to the meeting the motion was declared CARRIED.



Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 72

Motion: Moved: Mayor Mannoun

That Council:

1. Move into Closed Session to consider the Item GMCP 02.

2. Pursuant to Section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of:

s10A(2)(d)(i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Council moved into Closed Session at 9.36pm. The public and the media left the Chambers.

Motion: Moved: Mayor Mannoun

That Council move out of Closed Session and into Open Council.

On being put to the meeting the motion was declared CARRIED.

Open Council resumed at 9.38pm.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 73

ITEM NO: GMCP 02 FILE NO: 102330.2014 SUBJECT: ST2328 - Supply and Delivery of Two (2) Wood Chippers

RECOMMENDATION

That Council:

1. Adopts the recommendation put forward in the confidential report provided under separate cover.

2. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Shelton

That Council:

1. Accept the Tender from Mariott Tree Equipment Pty Ltd T/A Bandit Tree Equipment for the Supply and Delivery of Two (2) Wood Chippers for the lump sum price of $177,600 inclusive of GST.

2. Makes public its decision regarding tender ST2328 -. Supply and Delivery of Two (2) Wood Chippers

3. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 74

THE MEETING CLOSED AT 9.40pm.

Name: Ned Mannoun

Title: Mayor

Date: 30 July 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014. I confirm that Council has adopted these Minutes as a true and accurate record.

Minutes of the Extraordinary Council Meeting held on Friday, 20 June 2014 and confirmed on Wednesday, 30 July 2014

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Chairperson 1

MINUTES OF THE ORDINARY MEETING HELD ON 30 JULY 2014

PRESENT: Mayor Ned Mannoun Councillor Balloot Councillor Hadchiti Councillor Hadid Councillor Harle Councillor Karnib Councillor Ristevski (arrived at 6.19pm) Councillor Shelton Councillor Stanley Councillor Waller Mr Carl Wulff, Chief Executive Officer Ms Toni Averay, Acting Executive Director Mr Mathew Walker, Group Manager Business Excellence Ms Kiersten Fishburn, Group Manager Community and Culture Mr Gino Belsito, Group Manager City Presentation Ms Nadia Napoletano, Group Manager Governance Mr Michael Cullen, Group Manager Economy and Engagement Mr Raj Autar, Group Manager Infrastructure and Environment Ms Carole Todd, Acting Group Manager Planning and Growth

The meeting commenced at 6.01pm

OPENING 6.01pm

PRAYER The prayer of the Council was read by Reverend Anne Hibbard from Liverpool Uniting Church.

APOLOGIES Nil

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 2

CONDOLENCES

Mr Tom Murphy – Clr Waller

Clr Waller read the condolences at the Council meeting for the passing of Mr Tom Murphy.

Tom Murphy was a very determined resident who volunteered a huge amount of his time on various committees, spending endless hours and giving up his personal time for the benefit of the community. He always fully supported the committees he was involved in, attending their meetings, going from one committee to another, always being direct and speaking his mind, yet gaining the respect and support from residents, committee members, Council and State Government staff and achieving so much for so many.

An indication of the committees that Tom was involved in are listed below:

 Miller Combined Pensioners as Vice President for over 24 years  Representative for Miller Combined Pensioners and the Combined Pensioners and Superannuation Association – CPSA  Heckenberg Hall Committee  Liverpool District Neighbourhood Centre Association – LDNCA / Liverpool Connections  Seniors Network  Foundation member of Over 50’s Group for Heckenberg and Busby together with his wife Eileen  Green Valley Precinct Committee for over 10 years  Member of 2168 resident action group for over 10 years  Represented Paul Lynch, State member on Council’s Traffic Committee

Tom also attended Council’s Community Focus Group for over 15 years as well as Liverpool Transport Task Force, Local Traffic Committee for over 12 years and Council’s Neighbourhood and Community Forums for a number of years, raising local issues with Council for actioning and then reporting these outcomes back to the residents and local committees who relayed their concerns to him and always relied upon him. He was well known within the community and always a very viable and very active member of all committees he was involved in and determined to achieve a lot for the community to the best of his ability, putting the needs of the community first.

Council would like to acknowledge his contribution to the community and to Liverpool.

Motion: Moved: Clr Waller Seconded: Clr Stanley

That Council express its deepest condolences for the recent passing of Tom Murphy and a letter of condolence be sent to his family.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 3

Mr Tom Murphy – Clr Stanley

Clr Stanley made the following comments about Mr Tom Murphy:

On Friday 18th July I along with my colleagues, Councillors Waller, Karnib, and Harle and the Member for Liverpool Hon Paul Lynch attended the funeral for Mr Tom Murphy. Mr Murphy was truly a member of his community serving on many Council and Community committees which have been detailed previously. Tom was passionate about what he believed in and was truly passionate about what he saw to be unfair or wrong.

Tom was born in Scotland on 24th June 1924 and died aged 89 on 13th July 2014. Tom left school at 14 and served an apprenticeship as a boiler maker until he joined the navy during World War Two. Tom was a Morse code operator and was able to translate Morse code in three languages, Japanese, German and English. During his service in the British Navy he made several trip to Australia and decided that if he got married and had children it was here that he would raise his family. He met his wife, Eileen in 1954 and made good his promise to move to Australia in 1961; moving to Busby in 1964 where he has lived ever since.

He joined the Labor party when he was 16 and it is through this organisation that I first met Tom almost 20 years ago. He has been active member of the party and of Council committee bringing issues that are raised with him by residents so that improvements could be made for the community in which he lived. He also served on the Liverpool Traffic committee until recently when ill health made this too difficult to continue. Tom is well known for his vigorous debates and forceful opinions on many topics.

I offer my sincere condolences to his wife Eileen, and Tom’s children, grandchildren and great grandchildren at this time.

Marc Arcuri

Mayor Mannoun read the condolences at the Council meeting for the passing of Marc Arcuri.

Marc Arcuri passed away on 19 July 2014 after suffering a suspected heart attack whilst playing for Austral soccer club at WV Scott Memorial Park in Austral.

Marc was a gentle, kind loving and caring young man who always saw the good in others. The happiness and kindness he brought will always be cherished.

Marc’s love for football was one of his favourite pass times and he will be sadly missed. His loss has not only affected his family but the lives of many people, his team, mates, friends and the entire community.

Gone too soon, Marc will always be remembered. Our thoughts and prayers are with his family.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 4

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That Council express its deepest condolences to the Arcuri family after the tragic passing of their son.

On being put to the meeting the motion was declared CARRIED.

CONFIRMATION OF MINUTES

Motion: Moved: Clr Hadid Seconded: Clr Harle

That the minutes of the Extraordinary Meeting held on 20 June 2014 be confirmed as a true record of that meeting.

On being put to the meeting the motion was declared CARRIED.

DECLARATIONS OF INTEREST

Clr Hadchiti declared a non-pecuniary, less than significant interest in the following Item:

Item NOM 05: Quota 50th Birthday July 2014 Presentation by Councillors Reason: One of the new board members is related to him by marriage.

Clr Hadchiti will not leave the Chambers for the duration of this Item.

Clr Hadchiti declared a non-pecuniary, less than significant interest in the following Item:

Item DAD 03: Modification to DA-492/2008 - Education Establishment at 83-87 Gurner Avenue, Austral Reason: One of the applicants has attended a Liberal Party fundraising event.

As Clr Hadchiti was not a personal beneficiary of any donation, he will not leave the Chambers for the duration of this Item.

Clr Balloot declared a non-pecuniary, less than significant interest in the following Item:

Item DAD 02: Modification to Development Consent No. DA-611/2009 at No.1 Mill Road Liverpool (Lot 1 100 DP1180561) Reason: The applicant is a member of the Australian Arab Business Network of which the Councillor is a member. The applicant has attended a Liberal Party fundraising event.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 5

As Clr Balloot was not a personal beneficiary of any donation, he will not leave the Chambers for the duration of this Item.

Clr Balloot declared a non-pecuniary, less than significant interest in the following Item:

Item DAD 03: Modification to DA-492/2008 - Education Establishment at 83-87 Gurner Avenue, Austral Reason: One of the applicants has attended a Liberal Party fundraising event.

As Clr Balloot was not a personal beneficiary of any donation, he will not leave the Chambers for the duration of this Item.

Clr Harle declared a non-pecuniary, less than significant interest in the following Item:

Item GMEE 02: Community and Business Representation - Liverpool Council's Badgerys Creek Airport Taskforce Reason: Pauline Rowe is the secretary of his registered political party.

Clr Harle will not leave the Chambers for the duration of this Item.

Clr Hadid declared a non-pecuniary, less than significant interest in the following Item:

Item DAD 03: Modification to DA-492/2008 - Education Establishment at 83-87 Gurner Avenue, Austral Reason: One of the applicants has attended a Liberal Party fundraising event.

As Clr Hadid was not a personal beneficiary of any donation, he will not leave the Chambers for the duration of this Item.

Mayor Mannoun declared a non-pecuniary, less than significant interest in the following Item:

Item DAD 03: Modification to DA-492/2008 - Education Establishment at 83-87 Gurner Avenue, Austral Reason: One of the applicants has attended a Liberal Party fundraising event.

As Mayor Mannoun was not a personal beneficiary of any donation, he will not leave the Chambers for the duration of this Item.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 6

PUBLIC FORUM

Presentation – (Items not on agenda)

1. Roueida Maskaleh and Delise Kerehona from The Street University – Ted Noffs Foundation addressed Council in relation to a sponsorship request to support the Pioneers Mega Crew.

Clr Ristevski arrived at the meeting at 6.19pm.

Representation – (Items on agenda)

Three speakers (as listed below) addressed the Council in relation to the following item:

NOM 03 – Liquor related Development Applications

1. Dr John Crozier

Motion: Moved: Clr Hadchiti Seconded: Mayor Mannoun

That a two minute extension of time be given to Dr John Crozier.

On being put to the meeting the motion was declared CARRIED.

2. Ms Allison Keogh

Motion: Moved: Clr Hadchiti Seconded: Mayor Mannoun

That a two minute extension of time be given to Ms Allison Keogh.

On being put to the meeting the motion was declared CARRIED.

3. Mr Tony Brown (on behalf of the Casula Community Group for Responsible Planning Inc)

Motion: Moved: Clr Hadchiti Seconded: Mayor Mannoun

That a two minute extension of time be given to Mr Tony Brown.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 7

Three speakers (as listed below) addressed Council in relation to the following item:

IHAP 01 – DA790/2013 – Stage 2 development of a court approved masterplan in DA- 394/2011 for a non-denominational cemetery at 41 Greendale Road, Bringelly (Lot 5 DP 252040).

1. Ms Dianne Newell

Motion: Moved: Clr Harle Seconded: Clr Hadchiti

That a two minute extension of time be given to Ms Dianne Newell.

On being put to the meeting the motion was declared CARRIED.

2. Ms Cheryl Keane

Motion: Moved: Clr Shelton Seconded: Clr Hadid

That a two minute extension of time be given to Ms Cheryl Keane.

On being put to the meeting the motion was declared CARRIED.

3. Mr Phil Coxall (on behalf of the applicant)

Two speakers (as listed below) addressed Council in relation to the following item:

GMPG 03 - Draft LLEP 2008 Amendment No 32 (Anomalies) Post Exhibition Report

1. Ms Kathryn Ussia

Motion: Moved: Clr Shelton Seconded: Clr Hadchiti

That a two minute extension of time be given to Ms Cheryl Keane.

On being put to the meeting the motion was declared CARRIED.

2. Ms Briona Jocic

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 8

Clr Balloot left the Chambers at 6.55pm

MAYORAL MINUTE

Subject: Malaysian Airlines flight MH17

On 17 July, a routine international flight Malaysian Airlines flight MH17 was shot down over Donetsk Oblast, Ukraine, with the loss of all 298 passengers and crew on board including 36 passengers who called Australia home. 193 Dutch, 43 Malaysian, 12 Indonesian and 10 British nationals were also lost in the tragedy along with passengers from Belgium, Germany, Canada, New Zealand and the Philippines. Eighty of the passengers were children.

Our thoughts and prayers are with the families and friends of those lost on flight MH17. Our thoughts and prayers are also with the investigators and the officers sent to protect and negotiate the return of victims’ bodies.

It is apparent that the Australian government is doing the utmost to ensure that human dignity is preserved and that the investigation is carried out thoroughly, with the rigour expected by the Australian people and the international community, and for that they are to be commended.

At a time of conflict around the globe and not just in the Ukraine, the indiscriminate violent shooting down of a routine civilian flight and the loss of innocent lives reminds us all of the fragility and precious nature of life.

Motion: Moved: Mayor Mannoun

That Council observes a one minute silence in honour of victims of MH17.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 9

Clr Balloot returned to the Chambers at 6.57pm

MAYORAL MINUTE

Subject: Sponsorship request to support the Pioneers Mega Crew

Council has been approached by the Street University – Ted Noffs Foundation seeking sponsorship for the Pioneers Dance Crew who will represent Australia in the Mega Crew Division at the 2014 World Hip-Hop Championships in Las Vegas, USA. The Championships run from August 5-10, 2014. A shortfall of $10,000 to fund the tour currently exists and Council’s support has been sought to meet part of this funding gap.

The Pioneers Mega Crew is a socially and culturally inclusive dance group and consists of 20 youth aged between 10 and 22. The members of the crew have suffered from disadvantage and marginalisation. The Crew is based out of the Street University’s premises at 1 Speed Street, Liverpool.

The Pioneers were the feature act at the July Liverpool Night Markets and have also indicated their willingness to perform at other events, for example the upcoming Mayoral Ball.

As the Crew will be performing in the USA in early August, I have brought forward this request for sponsorship as an urgent item for consideration by Council.

I propose that sponsorship of $5000 be provided by Council to meet part of the Street University’s funding shortfall for the participation of the Pioneers Mega Crew in the World Hip Hop Championships.

The request is consistent with Council’s Corporate Sponsorship guidelines through its community and social development and cultural development objectives. Particular benefits from sponsoring this activity include:

 International exposure for Liverpool as a place of excellence for hip-hop and street dance  Local media exposure for Liverpool and Council’s partnership with the Street University  Social benefits in instilling confidence in young people based in Liverpool and providing them with life skills and linkages to employment and educational pathways

Motion: Moved: Mayor Mannoun

That Council provides sponsorship of $5000 from the Councillor Reserve to the Street University toward the costs of the Pioneers Mega Crew’s participation in the World Hip Hop Championships in Las Vegas from 5 August – 10 August, 2014.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 10

NOTICES OF MOTION

ITEM NO: NOM 01 FILE NO: 164272.2014 SUBJECT: Bus Shelter in Liverpool LGA

NOTICE OF MOTION

That Council:

1. Investigates options to provide more Bus Shelters in Liverpool to reduce current back log by:

a) increasing the number of sponsored or advertising shelters b) more cost effective design solutions c) exploring grant sources d) commit budget to reduce the back log of bus shelters by no less than 10 each year over the next 5 years commencing with the 2015-16 budget year e) increase the number of bus shelters provided 2014-15 if changes to design can reduce the cost of shelters

2. Provide a report to Council for its September 2014 meeting discussing the findings of this motion.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadid

That Council:

1. Investigates options to provide more Bus Shelters in Liverpool to reduce current back log by:

a) increasing the number of sponsored or advertising shelters having full regard to sensitive areas and the advertising that is allowed near schools and churches. b) more cost effective design solutions. c) exploring grant sources. d) commit budget to reduce the back log of bus shelters by no less than 10 each year over the next 5 years commencing with the 2015-16 budget year. e) increase the number of bus shelters provided 2014-15 if changes to design can reduce the cost of shelters.

2. Be consulted on the final design of bus shelters.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 11

3. Provide a report to Council for its September 2014 meeting discussing the findings of this motion.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 12

ITEM NO: NOM 02 FILE NO: 164377.2014 SUBJECT: Youth Homeless Services in Liverpool

NOTICE OF MOTION

That Council:

1. Views with serious concern the decision by the NSW government to defund the Liverpool Youth Refuge.

2. Views with concern the defunding of other specialist homeless services through both Liverpool and New South Wales and issues and hardship that will cause.

3. Writes to other services in Liverpool to ascertain how they have been effected by the changes in the funding model by the State Government and advocates similarly for all services.

4. Provides a report to the next Council meeting detailing other effected services.

5. Resolves to write to the Minister for Family and Community Services and the Premier of NSW expressing Council's strong opposition to the defunding of this service and calling on the government to reconsider its decision to defund the Liverpool Youth Refugee and all other effected services in Liverpool LGA; noting this motion.

6. To show Council's commitment to this service provide a one off grant of $50, 000 from the Councillor reserve to assist the Liverpool Youth Refuge provide services for the youth of Liverpool if the NSW Government reconsiders its decision and decides to fund the service.

7. Write to all local members of Parliament in the Liverpool area seeking their support to lobby Minister and Premier to reconsider this decision.

COUNCIL DECISION

Motion: Moved:Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Notes the motion and the information provided by the CEO including a reported 2% increase in funding for homelessness services in south west Sydney.

2. Notes that the Mayor has written to the Minister requesting a review of the tender decision.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 13

Foreshadowed Motion: Moved: Clr Stanley Seconded: Clr Waller

That Council:

1. Views with serious concern the decision by the NSW government to defund the Liverpool Youth Refuge.

2. Views with concern the defunding of other specialist homeless services through both Liverpool and New South Wales and issues and hardship that will cause.

3. Writes to other services in Liverpool to ascertain how they have been effected by the changes in the funding model by the State Government and advocates similarly for all services.

4. Provides a report to the next Council meeting detailing other effected services.

5. Resolves to write to the Minister for Family and Community Services and the Premier of NSW expressing Council's strong opposition to the defunding of this service and calling on the government to reconsider its decision to defund the Liverpool Youth Refugee and all other effected services in Liverpool LGA; noting this motion.

6. To show Council's commitment to this service provide a one off grant of $50, 000 from the Councillor reserve to assist the Liverpool Youth Refuge provide services for the youth of Liverpool if the NSW Government reconsiders its decision and decides to fund the service.

7. Write to all local members of Parliament in the Liverpool area seeking their support to lobby Minister and Premier to reconsider this decision.

On being put to the meeting the motion (by Clr Hadchiti) was declared CARRIED and the foreshadowed motion lapsed.

Division Called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Ristevski

Vote against: Clr Karnib Clr Harle Clr Shelton Clr Stanley Clr Waller

The motion was passed on the Mayor’s Casting Vote.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 14

ITEM NO: NOM 03 FILE NO: 164468.2014 SUBJECT: Liquor Related Development Applications

NOTICE OF MOTION

1. In order for Councillors to meet their due diligence and statutory obligations, Council and IHAP suspend consideration of DA (1454/2013) – Hume Hwy Hotel Casula until it obtains and provides Councillors with:

a) Independent advice from the CEO of ILGA as to the capacity/obligations Councils have to consider the social impacts of liquor related developments. Is the consideration of the general social impact of liquor related DAs and s96 amendments the sole prerogative of OLGR or ILGA?

b) Information from Police on the legal compliance record for all De Angelis group hotels, the number of alcohol reported incidents within each hotel and the number and type of alcohol related incidents that are linked to the hotels’ patrons after they leave those licensed premises (contained in COPS linking data).

c) Advice from FACS as to their intentions for the ongoing provision of emergency/crisis public accommodation provided on site at the Fontainebleau Motel (or elsewhere) – location of the proposed Hume Hwy hotel.

d) Advice from the owner and Council of the intended use of the heritage important Commercial Hotel – Liverpool if their liquor and poker machine licensees were to be removed to the proposed Hume Hwy hotel.

2. Council notes that the substantial disproportionate negative social impact the introduction and operation of poker and other gambling machines can have on especially socially disadvantaged communities including migrants and person with English as a Second Language (ESL). In particular, that Liverpool LGA pub poker machines have the highest rate of return (losses to community) before tax in NSW (OLGR) and neighbouring Fairfield LGA has the worst rate of gambling losses in NSW.

To address this problem Council:

a) Requests the NSW Premier to repeal s209 of the NSW Gaming Machines Act 2001 that precludes Councils from considering the social impact of poker machines imposed upon local communities when determining DA’s and related matters

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 15

b) Requests the NSW Premier to provide local government (that is closest to local communities) the planning powers to consider and determine all aspects of the provision of poker machines and other gambling devices in their LGAs, and notes that this request is consistent with Goal “32” of the NSW State Plan 2021 “Increase the opportunity for people to participate in the way government makes decisions….. devolve decision making as close to the people and places affected by decisions”…

c) Requests Local Government NSW (formerly the Local Government and Shires Associations of NSW (LGSA) to circulate this motion with a supportive discussion paper to all other Councils to gauge their level of support and response.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Stanley

That this Item be considered later at this meeting after the recess period.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 16

ITEM NO: NOM 04 FILE NO: 164537.2014 SUBJECT: Council Committees

NOTICE OF MOTION

That the charters of all committees of Council be amended such that all Councillors are members of each committee.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council notes the motion and defers consideration of the issues raised to the September Council meeting where committee positions are elected.

Foreshadowed Motion: Moved: Clr Shelton Seconded: Clr Stanley

That the charters of all committees of Council be amended such that all Councillors are members of each committee.

On being put to the meeting the motion (by Clr Hadchiti) was declared CARRIED and the foreshadowed motion lapsed.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 17

ITEM NO: NOM 05 FILE NO: 164592.2014 SUBJECT: Quota 50th Birthday July 2014 Presentation by Councillors

NOTICE OF MOTION

That Council:

1. Notes the 50th Anniversary of the Quota Club of Liverpool on 18th July 2014.

2. Acknowledges the club and its members over the last 50 years for their support of the people of Liverpool.

3. Writes to the President to acknowledge this milestone, providing a copy of this report and motion.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That Council:

1. Notes the 50th Anniversary of the Quota Club of Liverpool on 18th July 2014.

2. Acknowledges the club and its members over the last 50 years for their support of the people of Liverpool.

3. Writes to the President to acknowledge this milestone, providing a copy of this report and motion.

4. Note the correction in the background information provided in the Notice of Motion to reflect that the club was honoured with the Order of Liverpool Award in 2002, not 2012.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 18

INDEPENDENT HEARING AND ASSESSMENT PANEL REPORT

ITEM NO: IHAP 01 FILE NO: 124503.2014 SUBJECT: DA-790/2013 - Stage 2 development of a court approved masterplan in DA- 394/2011 for a non-denominational cemetrary at 41 Greendale Road, Bringelly (Lot 5 DP 252040)

RECOMMENDATION

That Council:

1. Approves Development Application DA-790/2013 at 41 Greendale Road, Bringelly (Lot 5 DP 252040) for the Stage 2 development of the court approved master plan in DA-394/2011 for a non-denominational cemetery, subject to the recommended conditions of consent.

2. Notifies in writing, the persons who made a submission with regard to the proposed development.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadid

That Council defers the item for negotiation regarding the issues raised by both speakers at this Council meeting, Mrs Dianne Newell and Ms Cheryl Keane.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 19

ITEM NO: IHAP 02 FILE NO: 151287.2014 SUBJECT: DA-105/2014 - Torrens title subdivision creating five lots at 54 Nineteenth Avenue, Hoxton Park

RECOMMENDATION

That Council approves Development Application DA-105/2014 at 54 Nineteenth Avenue, Hoxton Park (Lot 536 in DP 865435), subject to the recommended conditions contained within Attachment 2 (under separate cover).

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Ristevski Clr Shelton Clr Stanley

Vote against: Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 20

ITEM NO: IHAP 03 FILE NO: 151949.2014 SUBJECT: DA-1198/2013 - Partial demolition and alterations and additions to the existing dwelling; use of the dwelling as a child care centre; and installation of signage at 4 Bungarra Crescent, Chipping Norton

RECOMMENDATION

That Council:

1. Approve the application DA-1198/2013, subject to the recommended conditions attached to the IHAP Report and the following amendments to the Draft Determination Notice considered by IHAP:

Amend Draft Condition 1 to read as follows:

1. Development the subject of this determination notice must be carried out strictly in accordance with Development Application No. DA-1198/2013 lodged on 24 October 2013 and accompanying plans and reports listed below and stamped DA-1198/2013, except where modified by the undermentioned conditions and amendments contained within this condition:

Description Issue Job No Sheet Date Prepared By DA01 - Cover B 13011 1 of 5 28 March De Angelis Page, Site Analysis 2014 Taylor + & Site/Roof Plan Associates DA02 - Ground B 13011 2 of 5 28 March De Angelis Floor Plan & 2014 Taylor + Sections Associates DA03 -Elevations & B 13011 3 of 5 28 March De Angelis Street Elevation 2014 Taylor + Associates DA04 - Demolition B 13011 4 of 5 28 March De Angelis Plan & Earthworks 2014 Taylor + Plan Associates L-01 - Landscape B 3442b 24 March Ray Fuggle Plan 2014 Associates Exterior Finishes C 13011 - n.d. De Angelis Schedule Taylor + Associates Childcare Centre - 20130747.1 - 26 August Acoustic Noise Assessment 2013 Logic

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 21

The following design amendments are required:  A minimum of 50% of the rear yard marked on the approved landscape plan as “turf, artificial turf or wetpour rubber”, is to be comprised of permeable landscaping. This shall be situated in such a manner as to ensure the viability of the trees to be retained.  The two Pyrus Calleryana provided within the front setback shall be planted with a pot size of 200L.  Horizontal sunhoods shall be located above the front windows to the rooms marked as Foyer, Admin and Staff Room. There are to be two continuous sunhoods: one over the windows between the Foyer and the Admin room, and one over all three windows to the Staff Room. The sunhoods are to project one metre from the front wall.  The proposed front wall sign shall be located below the first sunhood described above.

Amend Draft Condition 129 to read as follows:

129. The applicant is to prepare and implement an Operational Traffic Management Plan (OTMP). The OTMP shall incorporate the following:

 Strategies for information advising parents and care givers of preferred route to the child care centre and the time for pick-up and drop-off, having regard to the Assessment of Traffic and Parking Implications prepared by Traffic Impact Services Pty Ltd and dated October 2013, and having regard for the peak periods of vehicle movement for nearby schools.  Strategies for minimising potential queuing when parents drop off and pick up children.

The OTMP shall be implemented on an ongoing basis.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared LOST.

Vote for: Mayor Mannoun Clr Balloot Clr Hadid Clr Shelton

Vote against: Clr Hadchiti Clr Harle Clr Karnib Clr Ristevski Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 22

During the meeting a rescission motion was lodged and signed by Mayor Mannoun, Clr Hadchiti and Clr Ristevski in relation to this Item.

In accordance with Clause 38.3 of Council’s Code of Meeting Practice the Mayor gave notice of the rescission motion and the motion was dealt with later at this meeting. It is however shown below for easy reference.

The vote on the rescission motion and subsequent resolution is shown below:

Recission Motion: Mayor Mannoun, Clr Hadchiti and Clr Ristevski

That Council rescind the resolution passed earlier at this meeting relating to Item IHAP 03.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Ristevski

Vote against: Clr Shelton Clr Stanley Clr Waller

After the rescission motion was carried, the following motion was put and voted on in relation to IHAP 03;

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council defers IHAP 03 - DA-1198/2013 to the next Council meeting after Councillors have had the opportunity to review the objections received.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Ristevski

Vote against: Clr Shelton Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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DEVELOPMENT APPLICATION DETERMINATION REPORT

ITEM NO: DAD 01 FILE NO: 140655.2014 SUBJECT: Modification to Development Consent No.693/2009 at 320-400 Badgerys Creek Road, Badgerys Creek (Lot 1 DP 1188956)

RECOMMENDATION

That Council approve the application to modify DA-693/2009 at 320-400 Badgerys Creek Road, Badgerys Creek (Lot 1 DP 1188956), pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 in the following way:

A. New Condition 1A is added to Development Consent No. DA-693/2009 to read as follows:

1A. Consent is granted for the receipt and stockpiling of screened soil to be used in accordance with the requirements of the Sydney Trains Screened Soil Exemption dated February 2014, or a more recent version, as updated by the EPA. The use of the material is subject to the following:

i. Screened soil must only be used to construct acoustic berms, in accordance with Condition 124 and Condition 125, and to construct visual berms adjacent to the eastern boundary of the site. ii. Notwithstanding (i) berms must be finished as indicated within the approved documentation outlined within Condition 1, including the Landscape Plan. iii. Measures for controlling the growth of noxious weeds must be implemented in the stockpile locations. iv. The quantity of screened soil accepted on site must not exceed 85,000 tonnes. v. The material must be stockpiled within the location of proposed Pit 5, and at no time shall exceed 10m in height, or 85m in length. vi. The screened soil must be stored in separate stockpiles of a maximum height of 3 meters. vii. The storage of screened soil must be carried out in a manner which minimises or prevents the emission of dust from the premises. viii. The construction of acoustic and visual berms must be carried out in a manner which minimises or prevents the emission of dust from the premises. ix. Any unused material must be either transported off site to an industrial site authorised to receive the waste as per the resource recovery exemption, or subsequently applied to land as waste, with any required appropriate levy paid.

B. Condition 9 is deleted from Development Consent No. DA-693/2009.

C. Condition 119 is added to Development Consent No. DA-693/2009.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 24

119A. Prior to the issue of an Occupation Certificate, an Environmental Protection License must be obtained from the NSW Environmental Protection Authority. A copy of the Environmental Protection License must be provided to Council.

119A. Prior to the issue of an Occupation Certificate, an Environmental Protection License must be obtained from the NSW Environmental Protection Authority. A copy of the Environmental Protection License must be provided to Council.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadchiti

That Council defer this Item until the completion of an investigation into compliance matters associated with current activities on the site.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 25

ITEM NO: DAD 02 FILE NO: 151941.2014 SUBJECT: Modification to Development Consent No. DA-611/2009 at No.1 Mill Road Liverpool (Lot 1 100 DP1180561)

RECOMMENDATION

That Council:

1. Approve the application to modify DA-611/2009, Pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 in the following way:

A. Condition 1 of Development Consent No. DA-611/2009 is modified to read as follows:

1. Development must be carried out generally in accordance with Development Application received 4 July 2008 and the following plans and documentation:

(a) Architectural plans prepared by Tony Owen Prtnrs as follows:

 Site Plan / Site Analysis Plan – Drawing No. A 001 Revision A and dated 12 February 2014;  Basement 2 Plan – Drawing No. A 101 Revision A and dated 12 February 2014;  Basement 1 Plan – Drawing No. A 102 Revision A and dated 12 February 2014;  Ground Floor Plan – Drawing No. A 103 Revision B and dated 6 May 2014;  Level 1-3 Floor Plan – Drawing No. A 104 Revision A and dated 12 February 2014;  Level 4 Floor Plan – Drawing No. A 105 Revision A and dated 12 February 2014;  Level 5-6 Floor Plan – Drawing No. A 106 Revision A and dated 12 February 2014;  Level 7 Floor Plan – Drawing No. A 107 Revision A and dated 12 February 2014  Roof Plan – Drawing No. A 108 Revision A and dated 12 February 2014;  East Elevation – Drawing No. A 200 Revision A and dated 12 February 2014;  North Elevation – Drawing No. A 201 Revision A and dated 12 February 2014;  West Elevation – Drawing No. A 202 Revision A and dated 12 February 2014;  South Elevation – Drawing No. A 203 Revision A and dated 12 February 2014;  Section A-A – Drawing No. A 300 Revision A and dated 12 February 2014;

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 26

 Section B – Drawing No. A 301 Revision A and dated 12 February 2014;  Adaptable Unit – Drawing No. A 110 Revision A and dated 12 February 2014;  Carpark Ramp Section – Drawing No. A 410 Revision A and dated 6 May 2014;

(b) Engineering and Hydraulic Plans prepared by Australian Consulting Engineers as follows:

 Upper Basement Drainage Plan and Details, Drawing No.D02 Revision D, Job No.08AH225 and dated 18 June 2006;  Ground/Site Stormwater Drainage Plan and Details, Drawing No. D03 Revision E and dated 18 June 2006;  Erosion and Sediment Control Plan and Drainage Plan and Details, Drawing No.D04 Revision A and dated 31 October 2008; and  Proposed Easement and existing layout, Drawing No.D05 Revision C, Job No.08AH225 and dated 19 June 2006.

(c) Landscape Works Site Plan prepared by Formed Gardens, Job No. FG 13 235 Drawing No. L_001, Issue D, and dated 6 May 2014;

(d) Soil Salinity Study prepared by Environmental Solutions and dated 24 November 2008;

(e) Access Report prepared by Accessibility Solutions Pty Ltd and dated 19 June 2009;

(f) Assessment of Traffic and Parking Implications prepared by Traffic Impact Services Pty Ltd and dated November 2008;

(g) Safety Management Plan prepared by Tony Owen NDM;

(h) Waste Management Plan dated 5 December 2008;

(i) Schedule of Finishes approved in accordance with Part 1 and generally in accordance with materials schedule board submitted by CMT Architects and dated 19 December 2008, except as updated by plan titled Material Finishes, Drawing No. A 408, Revision A, prepared by Tony Owen Ptnrs, and dated 12 February 2014;

(j) BASIX Certificate 527234M and dated 17 February 2014;

except where modified by the following conditions.

B. Condition 23 of Development Consent No. DA-611/2009 is modified to read as follows:

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 27

2. As a consequence of this development, Council has identified an increased demand for public amenities and public services. The following payment represents 2% of the cost of the development and is imposed in accordance with Liverpool Contributions Plan 2007 Liverpool City Centre.

The total contribution is $205,485.

A breakdown of the contributions payable is provided in the attached payment form.

Contributions will be adjusted at the time of payment in line with the Consumer Price Index (all groups index number for Sydney) using the following formula:

Contribution at the time of payment = C x CPI2

CP11 Where: C = Original contributions as shown on the consent

CPI2 = Latest "Consumer Price Index: All Groups Index Number" for Sydney available from the Australian Bureau of Statistics at the time that the contribution is to be paid

CPI2 = Latest "Consumer Price Index: All Groups Index Number" for Sydney available from the Australian Bureau of Statistics as at the time of granting the development consent

Payments made prior to the settlement of this amount shall be deducted from the remaining balance, and shall be adjusted to the Consumer Price Index as required.

The Contributions Plan may be inspected at Council’s Administration Centre, 1 Hoxton Park Road, Liverpool or at www.liverpool.nsw.gov.au.

Please note. Payment must be accompanied by the attached form.

C. Condition 30 shall be deleted.

D. Condition 31 shall be deleted.

E. Attachment 2: Section 94A Payment Form is attached to the Development Consent to read as follows:

ATTACHMENT 2. SECTION 94A PAYMENT FORM

CONTRIBUTIONS PURSUANT TO SECTION 94A OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Liverpool Contribution Plan 2007

Note to the applicant: When remitting payment as specified in the Conditions of Consent to the approval, this Form must be submitted with your payment. These figures have been calculated to the CPI September 2013 Quarter and will be adjusted at the time of payment in accordance with the conditions of consent.

APPLICATION NO.: DA-611/2009

PROPERTY: 1 Mill Road, Liverpool

PROPOSAL: Erection of an eight storey residential flat building comprising of 1 x studio apartment, 30 x 2 bedroom apartments, 16 x 3 bedroom apartments, two levels of basement car parking and associated landscaping

Facilities Amount ($) Job No. Liverpool Contributions Plan 2007 Central Library Extensions $3,948 GL.10000001870.10112 Whitlam Centre Extensions $2,916 GL.10000001869.10110 District Community Facility upgrade (Central area) $3,764 GL.10000001870.10099 Woodward and Collimore Parks $17,714 GL.10000001869.10093 Georges River Foreshore $124,001 GL.10000001869.10105 Bigge Park $26,572 GL.10000001869.10105 Pioneer Park $26,572 GL.10000001869.10105 Access – car parks, bridge link, bus priority $0 GL.10000001868.10108 Central Library Extensions $3,948 GL.10000001870.10112 Whitlam Centre Extensions $2,916 GL.10000001869.10110 District Community Facility upgrade (Central area) $3,764 GL.10000001870.10099 Woodward and Collimore Parks $17,714 GL.10000001869.10093 Total $205,487

------OFFICE USE ONLY ------

RECORD OF PAYMENT

Total Amount paid: ______

Date:______

Receipt No.:______Cashier:______

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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2. Write to the applicant to advise of the remaining balance of the Section 94A Contributions.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Stanley

That this matter be deferred to the Council meeting in August with a report outlining the stage of this development as at 30 July 2014.

Foreshadowed Motion: Moved: Mayor Mannoun Seconded: Clr Ristevski

That the item be deferred and be delegated to the CEO after a report outlining the stage of this development as at 30 July 2014 has been provided to Councillors.

On being put to the meeting the motion (moved by Clr Shelton) was declared CARRIED and the forshadowed motion lapsed.

Vote for: Clr Hadchiti Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller

Vote against: Mayor Mannoun Clr Balloot Clr Hadid Clr Ristevski

During the meeting a rescission motion was lodged and signed by Mayor Mannoun, Clr Hadchiti and Clr Ristevski in relation to this Item.

In accordance with Clause 38.3 of Council’s Code of Meeting Practice the Mayor gave notice of the rescission motion and the motion was dealt with later at this meeting. It is however shown below for easy reference.

The vote on the rescission motion and subsequent resolution is shown below:

Rescission Motion: Mayor Mannoun, Clr Hadchiti and Clr Ristevski

That Council rescind the resolution passed earlier at this meeting relating to Item DAD 02.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Karnib Clr Ristevski

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Vote against: Clr Harle Clr Shelton Clr Stanley Clr Waller

After the rescission motion was carried, the following motion was put and voted on in relation to DAD 02;

Motion: Moved: Mayor Mannoun Seconded: Clr Ristevski

1. That Council approves the application, subject to a satisfactory inspection report compiled by a senior Council Building Surveyor, to be submitted to the CEO.

2. The report shall assess whether the construction on the site is in accordance with the certification issued by the Private Certifier and subject to all the relevant requirements of the Building Code of Australia.

3. The following to also be included in any approval:

A. Condition 1 of Development Consent No. DA-611/2009 is modified to read as follows:

1. Development must be carried out generally in accordance with Development Application received 4 July 2008 and the following plans and documentation:

(a) Architectural plans prepared by Tony Owen Prtnrs as follows:

 Site Plan / Site Analysis Plan – Drawing No. A 001 Revision A and dated 12 February 2014;  Basement 2 Plan – Drawing No. A 101 Revision A and dated 12 February 2014;  Basement 1 Plan – Drawing No. A 102 Revision A and dated 12 February 2014;  Ground Floor Plan – Drawing No. A 103 Revision B and dated 6 May 2014;  Level 1-3 Floor Plan – Drawing No. A 104 Revision A and dated 12 February 2014;  Level 4 Floor Plan – Drawing No. A 105 Revision A and dated 12 February 2014;  Level 5-6 Floor Plan – Drawing No. A 106 Revision A and dated 12 February 2014;  Level 7 Floor Plan – Drawing No. A 107 Revision A and dated 12 February 2014  Roof Plan – Drawing No. A 108 Revision A and dated 12 February 2014;  East Elevation – Drawing No. A 200 Revision A and dated 12 February 2014;  North Elevation – Drawing No. A 201 Revision A and dated 12 February 2014;

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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 West Elevation – Drawing No. A 202 Revision A and dated 12 February 2014;  South Elevation – Drawing No. A 203 Revision A and dated 12 February 2014;  Section A-A – Drawing No. A 300 Revision A and dated 12 February 2014;  Section B – Drawing No. A 301 Revision A and dated 12 February 2014;  Adaptable Unit – Drawing No. A 110 Revision A and dated 12 February 2014;  Carpark Ramp Section – Drawing No. A 410 Revision A and dated 6 May 2014;

(b) Engineering and Hydraulic Plans prepared by Australian Consulting Engineers as follows:

 Upper Basement Drainage Plan and Details, Drawing No.D02 Revision D, Job No.08AH225 and dated 18 June 2006;  Ground/Site Stormwater Drainage Plan and Details, Drawing No. D03 Revision E and dated 18 June 2006;  Erosion and Sediment Control Plan and Drainage Plan and Details, Drawing No.D04 Revision A and dated 31 October 2008; and  Proposed Easement and existing layout, Drawing No.D05 Revision C, Job No.08AH225 and dated 19 June 2006.

(c) Landscape Works Site Plan prepared by Formed Gardens, Job No. FG 13 235 Drawing No. L_001, Issue D, and dated 6 May 2014;

(d) Soil Salinity Study prepared by Environmental Solutions and dated 24 November 2008;

(e) Access Report prepared by Accessibility Solutions Pty Ltd and dated 19 June 2009;

(f) Assessment of Traffic and Parking Implications prepared by Traffic Impact Services Pty Ltd and dated November 2008;

(g) Safety Management Plan prepared by Tony Owen NDM;

(h) Waste Management Plan dated 5 December 2008;

(i) Schedule of Finishes approved in accordance with Part 1 and generally in accordance with materials schedule board submitted by CMT Architects and dated 19 December 2008, except as updated by plan titled Material Finishes, Drawing No. A 408, Revision A, prepared by Tony Owen Ptnrs, and dated 12 February 2014;

(j) BASIX Certificate 527234M and dated 17 February 2014;

except where modified by the following conditions.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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B. Condition 23 of Development Consent No. DA-611/2009 is modified to read as follows:

2. As a consequence of this development, Council has identified an increased demand for public amenities and public services. The following payment represents 2% of the cost of the development and is imposed in accordance with Liverpool Contributions Plan 2007 Liverpool City Centre.

The total contribution is $205,485.

A breakdown of the contributions payable is provided in the attached payment form.

Contributions will be adjusted at the time of payment in line with the Consumer Price Index (all groups index number for Sydney) using the following formula:

Contribution at the time of payment = C x CPI2

CP11 Where: C = Original contributions as shown on the consent

CPI2 = Latest "Consumer Price Index: All Groups Index Number" for Sydney available from the Australian Bureau of Statistics at the time that the contribution is to be paid

CPI2 = Latest "Consumer Price Index: All Groups Index Number" for Sydney available from the Australian Bureau of Statistics as at the time of granting the development consent

Payments made prior to the settlement of this amount shall be deducted from the remaining balance, and shall be adjusted to the Consumer Price Index as required.

The Contributions Plan may be inspected at Council’s Administration Centre, 1 Hoxton Park Road, Liverpool or at www.liverpool.nsw.gov.au.

Please note. Payment must be accompanied by the attached form.

C. Condition 30 shall be deleted.

D. Condition 31 shall be deleted.

E. Attachment 2: Section 94A Payment Form is attached to the Development Consent to read as follows:

ATTACHMENT 2. SECTION 94A PAYMENT FORM

CONTRIBUTIONS PURSUANT TO SECTION 94A OF THE ENVIRONMENTAL

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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PLANNING & ASSESSMENT ACT, 1979

Liverpool Contribution Plan 2007

Note to the applicant: When remitting payment as specified in the Conditions of Consent to the approval, this Form must be submitted with your payment. These figures have been calculated to the CPI September 2013 Quarter and will be adjusted at the time of payment in accordance with the conditions of consent.

APPLICATION NO.: DA-611/2009

PROPERTY: 1 Mill Road, Liverpool

PROPOSAL: Erection of an eight storey residential flat building comprising of 1 x studio apartment, 30 x 2 bedroom apartments, 16 x 3 bedroom apartments, two levels of basement car parking and associated landscaping

Facilities Amount ($) Job No. Liverpool Contributions Plan 2007 Central Library Extensions $3,948 GL.10000001870.10112 Whitlam Centre Extensions $2,916 GL.10000001869.10110 District Community Facility upgrade (Central area) $3,764 GL.10000001870.10099 Woodward and Collimore Parks $17,714 GL.10000001869.10093 Georges River Foreshore $124,001 GL.10000001869.10105 Bigge Park $26,572 GL.10000001869.10105 Pioneer Park $26,572 GL.10000001869.10105 Access – car parks, bridge link, bus priority $0 GL.10000001868.10108 Central Library Extensions $3,948 GL.10000001870.10112 Whitlam Centre Extensions $2,916 GL.10000001869.10110 District Community Facility upgrade (Central area) $3,764 GL.10000001870.10099 Woodward and Collimore Parks $17,714 GL.10000001869.10093 Total $205,487

------OFFICE USE ONLY ------RECORD OF PAYMENT

Total Amount paid: ______

Date:______

Receipt No.:______Cashier:______

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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2. Write to the applicant to advise of the remaining balance of the Section 94A Contributions.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Karnib Clr Ristevski

Vote against: Clr Harle Clr Shelton Clr Stanley Clr Waller

Motion of Dissent against Mayor’s ruling

During discussion on this Item, Clr Shelton raised a point of order that the motion proposed by the Mayor was unworkable. The Mayor disagreed and advised that his motion, the wording of which was reviewed by Council officers, was workable.

Clr Shelton then moved a motion of dissent against the Mayor’s ruling.

Motion: Mover: Clr Shelton Seconder: Clr Stanley

That a motion of dissent be moved against the Mayor’s ruling.

One being put to the meeting the motion was declared LOST.

The vote for and against Clr Shelton’s motion of dissent against the Mayor’s ruling is shown below:

Vote for: Clr Harle Clr Shelton Clr Stanley Clr Waller

Vote against: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Karnib Clr Ristevski

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 35

ITEM NO: DAD 03 FILE NO: 143905.2014 SUBJECT: Modification to DA-492/2008 - Education Establishment at 83-87 Gurner Avenue, Austral

RECOMMENDATION

That Council:

1. Approves modification application DA-492/2008/A which seeks to modify DA-492/2008 at 83-87 Gurner Avenue, Austral subject to amendments to Conditions No. 1 and No. 157 of the development consent and additional conditions of consent, as follows:

 Condition No.1 of DA-492/2008 is amended to read as follows:

Development must be carried out generally in accordance with Development Application received 30 November 2007 and Modification Application DA-492/2008/B received on 24 December 2014, except where amended by DA-492/2008/A as follows:

Architectural Drawings

Drawing lssue Title Author Date No. 2836-A01 5 Site plan and Acrom Holdings 16 October construction Pty Ltd 2009 stages 2836-A02 4 Ground Floor Plan Acrom Holdings 8 October 1of 2 Pty Ltd 2009 2836-A03 4 Ground Floor Plan Acrom Holdings 8 October 2of 2 Pty Ltd 2009 2836-A04 4 First Floor Plan 1 of Acrom Holdings 8 October 2 Pty Ltd 2009

2836-A05 4 First Floor Plan 2 of Acrom Holdings 8 October 2 Pty Ltd 2009 2836-A06 2 Sections and Acrom Holdings 14 Elevations 1 Pty Ltd September 2008 2836-A07 2 Sections and Acrom Holdings 14 Elevations 2 Pty Ltd September 2008 2836-A08 4 Sections and Acrom Holdings 8 October Elevations 3 Pty Ltd 2009 LC01/1- - Concept Landscape Michael Siu 5 November R13802 Plan Landscape 2008 Architects

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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2 CC Admin Building Acrom Holdings 11 Ground & First Floor Pty Ltd September 2013 S96-02 - Detail Plan Millennium April 2013 Design Consultants Pty Ltd

Note: Drawing No. 2, issue CC, prepared by Acrom Holdings Pty Ltd, supersedes Drawings 2836-A02, 2836-A03, 2836-04 and 2836-05 as it relates to the floors of the Administration Building.

Documents

Title Author Date Traffic and Car Parking Transport and Traffic September Assessment Report Associates 2007 Reference No.07197 Supplementary Report Transport and Traffic 11 June Associates 2008 Noise Acoustic Assessment Koikas Acoustics Pty Ltd 4 July 2008 Reference No. R020708nk1589.wpd Bush Fire Hazard Assessment Building Code and September Report Bushfire Hazard 2008 Solutions Wastewater Management Enviro Tech 29 October Report Environmental and 2008 Report No. 16908-8 Engineering Consultants Contamination Assessment Enviro Tech 4 August Phase 1 and 2 Environmental and 2008 Report No.11908-4 Engineering Consultants Salinity Report Enviro Tech 14 Report No.REP-16408-4 Environmental and September Engineering 2008 Consultants Concept Management Plan for the Educational Establishment Document entitled "To demolish D-Plan Urban March 2008 all existing buildings on site and Planning Consultants construct a school (Qaadiri Pty Ltd College), catering for 1000 students with ancillary facilities

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 37

and a child care centre catering for 29 children" Acoustic assessment report SLR Consulting Australia Pty 5 March Ltd (reference No: 610.13781 2014 S96 L01 20140304)

 Condition No. 157 is amended to read as follows:

Acoustic

157. An acoustic fence is to be constructed along the entire western side boundary and part of the eastern side boundary of the site, as indicated on the approved plans. A qualified acoustic consultant is to certify that the acoustic fence has been constructed in accordance with the approved acoustic assessment reports. Note: the acoustic fencing is permitted to be constructed on (meaning a zero setback from the property boundary) the eastern and western boundary.

 The following conditions of consent are inserted into DA-492/2008:

Prior to the release of a Construction Certificate

Amended Fencing Detail Plan

1A. Elevation plans detailing the construction type, materials and colours of the proposed fencing along the entire northern, eastern and western boundary of the subject site, are required to be submitted and approved by Council prior to the release of any Construction Certificate. The plans shall be accompanied by a statement prepared by a qualified and practicing acoustic person, detailing that the fencing will be consistent with the approved noise acoustic assessment and acoustic assessment report listed within Condition No. 1 of this development consent.

Recommendations of Acoustic Report

71A.The recommendations provided in the approved acoustic assessment report prepared by SLR Consulting Australia Pty Ltd (reference No: 610.13781 S96 L01 20140304), dated 5 March 2014 shall be implemented and incorporated into the design and construction of the development and shall be shown on plans accompanying the CC application.

During Construction Works

Pollution Control

98A.Building operations such as brick cutting, mixing mortar and the washing of tools, paint brushes, form-work, concrete trucks and the like shall not be performed on the public footway or any other locations which may lead to the discharge of materials into Council’s stormwater drainage system.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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E. Prior to the issue of an Occupation Certificate

Recommendations of Acoustic Report

107A.A Compliance Certificate or other documentation deemed suitable to the PCA is to be submitted to the PCA, detailing compliance with the following:

(a) The recommendations contained within the acoustic assessment report by SLR Consulting Australia Pty Ltd (reference No: 610.13781 S96 L01 20140304), dated 5 March 2014 Use of the site

238A. Any public address system or sound amplifying equipment shall be installed so as to not emit an offensive noise as defined by the Protection of the Environment Act 1997.

238B. Noise associated with the use of the premises including but not limited to children playing, alarm systems and the bell shall not give rise to offensive noise as is defined within the Protection of the Environment Operations Act 1997.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Ristevski

Vote against: Clr Karnib Clr Shelton Clr Stanley Clr Waller

Mayor Mannoun called for recess of Council at 7.59pm

Mayor Mannoun resumed the meeting at 8.27pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 39

BRING FORWARD AN AGENDA ITEM

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Item GMPG 02 be brought forward and dealt with now.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: GMPG 02 FILE NO: 117224.2014 SUBJECT: Draft Liverpool LEP 2008 Amendment 35 Post Exhibition Report

RECOMMENDATION

That Council resolves to proceed with the making of Draft Liverpool Local Environmental Plan Amendment 35.

COUNCIL DECISION

Motion: Moved:Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Ristevski Clr Shelton Clr Waller

Vote against: Clr Stanley

BRING FORWARD AN AGENDA ITEM

Motion: Moved: Clr Harle Seconded: Clr Hadid

That NOM 03 be brought forward and dealt with now.

On being put to to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 40

ITEM NO: NOM 03 FILE NO: 164468.2014 SUBJECT: Liquor Related Development Applications

NOTICE OF MOTION

1. In order for Councillors to meet their due diligence and statutory obligations, Council and IHAP suspend consideration of DA (1454/2013) – Hume Hwy Hotel Casula until it obtains and provides Councillors with:

a) Independent advice from the CEO of ILGA as to the capacity/obligations Councils have to consider the social impacts of liquor related developments. Is the consideration of the general social impact of liquor related DAs and s96 amendments the sole prerogative of OLGR or ILGA?

b) Information from Police on the legal compliance record for all De Angelis group hotels, the number of alcohol reported incidents within each hotel and the number and type of alcohol related incidents that are linked to the hotels’ patrons after they leave those licensed premises (contained in COPS linking data).

c) Advice from FACS as to their intentions for the ongoing provision of emergency/crisis public accommodation provided on site at the Fontainebleau Motel (or elsewhere) – location of the proposed Hume Hwy hotel.

d) Advice from the owner and Council of the intended use of the heritage important Commercial Hotel – Liverpool if their liquor and poker machine licensees were to be removed to the proposed Hume Hwy hotel.

2. Council notes that the substantial disproportionate negative social impact the introduction and operation of poker and other gambling machines can have on especially socially disadvantaged communities including migrants and person with English as a Second Language (ESL). In particular, that Liverpool LGA pub poker machines have the highest rate of return (losses to community) before tax in NSW (OLGR) and neighbouring Fairfield LGA has the worst rate of gambling losses in NSW.

To address this problem Council:

a) Requests the NSW Premier to repeal s209 of the NSW Gaming Machines Act 2001 that precludes Councils from considering the social impact of poker machines imposed upon local communities when determining DA’s and related matters

b) Requests the NSW Premier to provide local government (that is closest to local communities) the planning powers to consider and determine all aspects of the provision of poker machines and other gambling devices in their LGAs, and notes that this request is consistent with Goal “32” of the NSW State Plan 2021 “Increase the opportunity for people to participate in the way government makes decisions….. devolve decision making as close to the people and places affected by decisions”…

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 41

c) Requests Local Government NSW (formerly the Local Government and Shires Associations of NSW (LGSA) to circulate this motion with a supportive discussion paper to all other Councils to gauge their level of support and response.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadid

1. In order for Councillors to meet their due diligence and statutory obligations, Council and IHAP consider the following issues when considering liquor related DA’s.

a) Independent advice from the CEO of ILGA as to the capacity/obligations Councils have to consider the social impacts of liquor related developments. Is the consideration of the general social impact of liquor related DAs and s96 amendments the sole prerogative of OLGR or ILGA?

b) Information from Police on the legal compliance record for all the applicants, the number of alcohol reported incidents within each hotel and the number and type of alcohol related incidents that are linked to the hotels’ patrons after they leave those licensed premises (contained in COPS linking data).

2. Council notes that the substantial disproportionate negative social impact the introduction and operation of poker and other gambling machines can have on especially socially disadvantaged communities including migrants and person with English as a Second Language (ESL). In particular, that Liverpool LGA pub poker machines have the highest rate of return (losses to community) before tax in NSW (OLGR) and neighbouring Fairfield LGA has the worst rate of gambling losses in NSW.

To address this problem Council:

a) Requests the NSW Premier to repeal s209 of the NSW Gaming Machines Act 2001 that precludes Councils from considering the social impact of poker machines imposed upon local communities when determining DA’s and related matters.

b) Requests the NSW Premier to provide local government (that is closest to local communities) the planning powers to consider and determine all aspects of the provision of poker machines and other gambling devices in their LGAs, and notes that this request is consistent with Goal “32” of the NSW State Plan 2021 “Increase the opportunity for people to participate in the way government makes decisions….. devolve decision making as close to the people and places affected by decisions”…

c) Requests Local Government NSW (formerly the Local Government and Shires Associations of NSW (LGSA) to circulate this motion with a supportive discussion paper to all other Councils to gauge their level of support and response.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 42

ITEM NO: DAD 04 FILE NO: 161067.2014 SUBJECT: Modification to DA-1552/2006 - Road Bridge at Newbridge Road, Moorebank (Lot 6 & 7 DP 1065574 & Pt Lot 105 DP 1070029)

RECOMMENDATION

That Council:

1. Approves the application to modify DA-1552/2006 at Lots 6 & 7 DP 1065574 & Pt Lot 105 DP 1070029 pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 in the following way:

A. Condition 1 is amended to read as follows:

Development must be carried out strictly in accordance with DA-1552/2006 and accompanying plans, except where modified by the undermentioned conditions.

Modification application DA-1552/2006/B and plans:

Worley Parsons

101015-00561-CI-FIG 3, Worley Parsons, Issue B, dated 21.08.13

Cardno

SK1001, Cardno, Revision L, dated 15.08.13 SK1003, Cardno, Revision E, dated 01.08.13 SK1004(E) – Cross Sections SK2001, Cardno, Revision D, dated 15.08.13 SK2003, Cardno, Revision D, dated 05.08.13 SK2004 (C) – Cross Sections Layout

Report “Assessment of the Impact of the Proposed Bridge on Flooding in the Vicinity of the Georges Cove Marina, Moorebank. Cardno (NSW/ACT) Pty Ltd Ref: NA49913037:BCP/bcp dated 23 May 2014, except where modified by the undermentioned conditions.

B. Condition 14 is amended to read as follows:

The bridge is to be designed and constructed such that it is able to comply with the Orders of the NSW Court of Appeal (Tanlane’s easement over Moorebank Recyclers land) and the Orders of the NSW Land and Environment Court (Moorebank recyclers Pty Ltd easement over Council Land).

C. New Condition 17A is added to Development Consent DA-1552/2006 to read as follows:

17A There shall be no net loss of floodplain storage volume below the 1% Annual

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 43

Exceedance Probability (AEP) flood. The compensatory flood storage volume shall be no less than 4,780cum. The flood compensatory storage shall be provided as shown in Drawing No DA-001, Job No. 0914, Issue C by Micheal Fountain Architects Pty Ltd (Amendment June 2014).

D. New Condition 31A is added to Development Consent DA-1552/2006 to read as follows:

31A Prior to the issue of the construction certificate, the plans identified in Condition 1 are to be amended to exclude the central bridge pier and to ensure the minimum bridge clear span is 32m.

E. New Condition 34A is added to Development Consent DA-1552/2006 to read as follows:

34A The approved intersection treatment of Brickmakers Drive and the bridge with the associated road link is to be constructed to Councils satisfaction prior to opening the bridge to traffic.

F. New Condition 34B is added to Development Consent DA-1552/2006 to read as follows:

34B The developer is required to provide detailed analysis (Sidra Modelling) and design of the required urban channelised interim intersection treatment off Brickmakers Drive.

G. Condition 39 is amended to read as follows:

39 The height clearance of the bridge is affected with the flood level and the use of the underpass. Appropriate information about the flood levels should be used along with the future use of the underpass to determine the height clearance. This assessment should be carried out and included in the design to the satisfaction of Council, prior to construction certificate.

H. Condition 45 is amended to read as follows:

45. The bridge design shall be undertaken in accordance with Bridge Design Code AS5100. The design shall include impact of blockage and loading from debris.

I. New Condition 45A is added to Development Consent DA-1552/2006 to read as follows:

45A. Timber formworks shall not constitute a structural component of the bridge. To facilitate inspection and maintenance, all formworks shall be removed from the built structure prior to handover to Council.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 44

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That Council refuse the application to modify DA-1552/2006 at Lots 6 & 7 DP 1065574 & Pt Lot 105 DP 1070029 based upon the previous position of Council on this matter.

Foreshadowed Motion: Moved: Clr Hadchiti Seconded: Clr Ristevski

1. That the recommendation be adopted (as shown on pages 42-43 of the minutes) in addition to points 2 and 3 below.

2. That Council reaffirms the opposition to the concrete recyclers application currently before the PAC.

3. That Council notes that the bridge has been approved by a court order.

Vote for: Clr Stanley

Vote against: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Ristevski Clr Shelton Clr Waller

On being put to the meeting the motion (by Clr Stanley) was declared LOST and the forshadowed motion (by Clr Hadchiti) then became the motion and on being put to the meeting was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Ristevski Clr Shelton Clr Waller

Vote against: Clr Stanley

9:30pm EXTENSION OF TIME TO CONTINUE MEETING

Motion: Moved: Clr Hadid Seconded: Clr Balloot

That an extension of time of 30 minutes be granted to continue the meeting.

On being put to the meeting the motion was decared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 45

CHIEF EXECUTIVE OFFICER REPORT

ITEM NO: CEO 01 FILE NO: 155618.2014 SUBJECT: Local Government NSW Annual Conference

RECOMMENDATION

That Council endorse the key issues to be submitted for consideration at the Local Government NSW Annual Conference 2014.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

1. That Council endorse the key issues to be submitted for consideration at the Local Government NSW Annual Conference 2014 as listed in the report.

2. In addition to the motions submitted in this report, Council also submit the motions as outlined in the resolution relating to NOM 03 on page 41 of these minutes.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 46

ITEM NO: CEO 02 FILE NO: 164528.2014 SUBJECT: Proposed Organisational Structure

RECOMMENDATION

That Council:

1. Adopts the organisation structure as provided in Attachment 1 of this report in accordance with Section 333 of the Local Government Act 1993.

2. Notes the effective date for implementation of the revised executive structure for senior staff positions as 1 August 2014.

3. Determines the positions of Directors ‘Senior Staff’ positions subject to performance based contracts in accordance with Section 332 of the Local Government Act 1993.

4. Notes the draft Executive Structure as provided in Attachment 1.

5. Notes the termination of the senior staff positions of Executive Directors and 2 Group Managers.

6. Notes that the proposed structure will finance the new positions of Property and Commercial Development, Business Improvement and Chief Financial Officer.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That the recommendation be adopted.

Foreshadowed Motion: Moved: Clr Hadchiti Seconded: Clr Shelton

That Council move into closed session to discuss this item as the matter is confidential pursuant to the provisions of s10(A)(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than Councillors).

On being put to the meeting the motion (by Clr Waller) was declared LOST.

The foreshadowed motion (by Clr Hadchiti) then became the motion and on being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 47

Council moved into Closed Session at 9.45pm. The public and the media left the Chambers.

Clr Hadchiti and Clr Balloot left the Chambers at 9.45pm.

Motion: Moved: Mayor Mannoun

That Council move out of Closed Session and into Open Council.

On being put to the meeting the motion was declared CARRIED.

Open session resumed at 9:47pm.

Motion: Moved: Clr Stanley Seconded: Clr Ristevski

That the recommendation as listed below be adopted;

That Council:

1. Adopts the organisation structure as provided in Attachment 1 of this report in accordance with Section 333 of the Local Government Act 1993.

2. Notes the effective date for implementation of the revised executive structure for senior staff positions as 1 August 2014.

3. Determines the positions of Directors ‘Senior Staff’ positions subject to performance based contracts in accordance with Section 332 of the Local Government Act 1993.

4. Notes the draft Executive Structure as provided in Attachment 1.

5. Notes the termination of the senior staff positions of Executive Directors and 2 Group Managers.

6. Notes that the proposed structure will finance the new positions of Property and Commercial Development, Business Improvement and Chief Financial Officer.

On being put to the meeting the motion was declared CARRIED.

Clr Hadchiti and Clr Balloot returned to the Chambers at 9.47pm.

Clr Hadchiti retired from the meeting at 9.49pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 48

ITEM NO: CEO 03 FILE NO: 162656.2014 SUBJECT: Adoption of the exhibited amendments to the Revenue Policy (Fees and Charges) 2014-15

RECOMMENDATION

That Council:

Considers any submissions received and adopts the following amendments to the Statement of Revenue Policy (Fees and Charges) 2014-2015:

1. Changes to the fee structure for onsite sewerage fees.

2. New fee structure for construction certificates for Class 2-9 Commercial / Industrial, Class 10A Outbuildings over $5,000 Residential and Class 2-9 and 10A Commercial over $5,000 if the application is lodged as a combined Development Application and Construction Certificate including registration.

3. Change in cost of after-hours venue hire for the Michael Wenden Aquatic Leisure Centre from not applicable in 2013-14 to subject to negotiation in 2014-15.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

BRING FORWARD AN AGENDA ITEM

Motion: Moved: Mayor Mannoun Seconded: Clr Harle

That Item GMGO 01 be brought forward and dealt with now.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 49

ITEM NO: GMGO 01 FILE NO: 134681.2014 SUBJECT: Proposed Deed of Agreement to facilitate the acquisition of a part of Lot 1 DP 1175057, Progress Circuit, Prestons and the construction of the Lyn Parade, Prestons extension

RECOMMENDATION

That Council:

1. Agrees to enter into a Deed of Agreement with the landowner on terms outlined in the confidential attachment including:

1.1 Approve the acquisition of a part of Lot 1 DP 1175057, Progress Circuit, Prestons, containing an area of approximately 13,684 square metres for drainage purposes (drainage land);

1.2 Upon acquisition of the drainage land, classifies a part of Lot 1 DP 1175057, Progress Circuit, Prestons as ‘Community’ land;

1.3 Approve the acquisition of a two metre wide middle strip of land within the proposed Lyn Parade road extension, comprising an area of approximately 616 square metres (road extension portion);

1.4 Dedicates the road extension when completed as a public road in accordance with the Roads Act 1993;

1.5 Reimburse the landowner the cost of construction of the two metre wide middle strip of road extension as outlined point 1.3;

2. Notes the linear and/or square metre areas stated are approximate and subject to final survey. Council approves acquisition and construction costs on a dollar per square/linear metre basis as outlined in the confidential attachment;

3. Keeps confidential the attachment supplied under separate cover containing the purchase price and details of the deed of agreement pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

4. Authorises its delegated officer to execute any documents, under Power of Attorney necessary to give effect to this decision.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 50

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 51

EXECUTIVE DIRECTOR REPORT

ITEM NO: ED 01 FILE NO: 156374.2014 SUBJECT: Hoarding Fees

RECOMMENDATION

That Council:

1. Notes the information contained in this report.

2. Endorses the following proposed new hoarding fees: A class – Application fee of $250 and $25 per metre B class – Application fee of $500 and $50 per metre.

3. Directs the Group Manager Planning and Growth to progress an amendment to the adopted 2014/15 Revenue Policy (Fees and Charges) incorporating the revised hoarding fees, including public exhibition.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 52

ITEM NO: ED 02 FILE NO: 156893.2014 SUBJECT: IHAP Members

RECOMMENDATION

That Council:

1. Approves the extension of the current IHAP appointments for a period of 12 months.

2. Authorises the Chief Executive Officer to finalise all appointment details and letters of acceptance for panel members.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Waller

That the recommendation be adopted.

Foreshadowed Motion: Moved: Clr Ristevski Seconded: Clr Stanley

That Council conduct an expression of interest process to establish a new panel of IHAP members

On being put to the meeting the motion (by Clr Shelton) was declared LOST.

The forshadowed motion (by Clr Ristevski) then became the motion and was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 53

BUSINESS EXCELLENCE REPORT

ITEM NO: GMBE 01 FILE NO: 147029.2014 SUBJECT: Affixation of the Common Seal of Council

RECOMMENDATION

That Council authorises the Common Seal of Council to be affixed to the loan refinancing agreement with National Australia Bank for $4.78m which was drawn on 30 June 2014.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Mayor Mannoun

That the recommendation be adopted.

On being put to the meting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 54

ITEM NO: GMBE 02 FILE NO: 149826.2014 SUBJECT: Statutory Investment Report June 2014

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved:Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 55

COMMUNITY AND CULTURE REPORT

ITEM NO: GMCC 01 FILE NO: 130642.2014 SUBJECT: Quarterly Report on Compliments and Complaints

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 56

ECONOMY AND ENGAGEMENT REPORT

ITEM NO: GMEE 01 FILE NO: 155177.2014 SUBJECT: Donations, Grants and Sponsorship

RECOMMENDATION

That Council:

1. Endorses the Financial Contributions Panel's recommendations for the provision of $10,000 from the 2014/15 Corporate Sponsorship Program as summarised in the table below:

Applicant name Amount Igbo Community Australia $5,000 + GST Future Achievement Australia Foundation $4,000 + GST Thomas Hassall Anglican College Parents and Friends $1,000 Association

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Waller

That Council endorses the Financial Contributions Panel's recommendations for the provision of $10,000 from the 2014/15 Corporate Sponsorship Program as summarised in the table below:

Applicant name Amount Igbo Community Australia $5,000 + GST Future Achievement Australia Foundation $4,000 + GST Thomas Hassall Anglican College Parents and Friends $2,500 Association

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 57

ITEM NO: GMEE 02 FILE NO: 155980.2014 SUBJECT: Community and Business Representation - Liverpool Council's Badgerys Creek Airport Taskforce

RECOMMENDATION

That Council appoints the two representatives recommended in the confidential report to positions on the Badgerys Creek Airport Taskforce.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Mayor Mannoun

That Council defers the appointments to this committee, broadening the membership to ensure that we have the important stakeholders and to ensure true community representation and to include a solicitation of Kathryn Ussia and Briona Jocic as prospective candidates as community representatives if they prove appropriate in the nomination process.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 58

GOVERNANCE REPORT

ITEM NO: GMGO 02 FILE NO: 148552.2014 SUBJECT: Acquisition of Lot 358 DP 1184144, 80 Inverell Avenue, Hinchinbrook for drainage purposes

RECOMMENDATION

That Council:

1. Approves the acquisition of Lot 358 DP 1184144, 80 Inverell Avenue, Hinchinbrook, containing an area of 5,077 square metres for the price and terms outlined in the confidential attachment;

2. Upon settlement of the acquisition, classifies Lot 358 DP 1184144, 80 Inverell Avenue, Hinchinbrook as 'Community' land;

3. Keeps confidential the attachment supplied under separate cover containing the acquisition price pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

4. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 59

ITEM NO: GMGO 03 FILE NO: 151176.2014 SUBJECT: Acquisition of Lot 200 DP 1194243, Kurrajong Road, Carnes Hill for the purposes of extending Kurrajong Road

RECOMMENDATION

That Council:

1. Agrees to the acquisition of Lot 200 DP 1194243, Kurrajong Road, Carnes Hill for the increased purchase price outlined in the confidential attachment;

2. Keeps confidential the report supplied under separate cover containing the acquisition price pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

3. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect of this decision.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 60

ITEM NO: GMGO 04 FILE NO: 157890.2014 SUBJECT: Authorisation of Remediation Works, Lot 2 DP 719245, 33 Moore Street, Liverpool

RECOMMENDATION

That Council:

1. Delegate to the CEO authority to utilise funds from the Administration Building Reserve to remediation works;

2. Authorises the Chief Executive Officer or his delegate to enter into contracts for remediation works within Lot 2 DP 719245, 33 Moore Street, Liverpool;

3. Notes that in the event that funds are allocated for remediation works a report outlining the works undertaken and costs of works will be submitted to the next available Council meeting.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 61

INFRASTRUCTURE AND ENVIRONMENT REPORT

ITEM NO: GMIE 01 FILE NO: 108749.2014 SUBJECT: Tender WT2324 - Replacement of Car Park Equipment, Management System and Maintenance at the Warren Serviceway Car Park

RECOMMENDATION

That Council:

1. Adopts the recommendation outlined in the confidential report provided under separate cover.

2. Keeps confidential the details supplied under separate cover containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That Council:

1. Accepts the Tender from RTS Constructions Aust. t/as Automated Parking Systems for Tender - WT2324 for the replacement of car park equipment, management system and maintenance for a five-year contract term for the price of $516,512 plus GST.

2. Makes public its decision regarding Tender WT2324 - Replacement of car park equipment, management system and maintenance

3. Notes that the Acting Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 62

ITEM NO: GMIE 02 FILE NO: 151206.2014 SUBJECT: Liverpool City Centre Traffic Study - Findings and next steps

RECOMMENDATION

That Council:

1. Notes the study findings and recommendations contained in the attached report;

2. Undertakes detailed consultation with the Roads and Maritime Services (RMS) and Transport for NSW to secure their support for implementation of the study recommendations;

3. Makes representation to the Minister for Roads and Ports to seek State Government funding to enable the provision of a grade-separated intersection at Hume Highway and Hoxton Park Road intersection;

4. Undertakes community consultation on the study findings and recommendations; and

5. Be presented with a further report on an implementation plan following the initial consultation with the community and RMS.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 63

CONSIDERATION OF REMAINING ITEMS ON COUNCIL AGENDA

Motion: Moved: Clr Waller Seconded: Mayor Mannoun

That all remaining items (as listed below) be deferred to the August Council meeting:

GMPG 01, GMPG 03, GMPG 04, CTTE 01, CTTE 02, CTTE 03, CTTE 04, CTTE 05, CTTE 06, CTTE 07, CTTE 08, CTTE 09, CTTE 10, CORR 01, QWN 01, QWN 02, QWN 03 and the presentation by Clr Balloot on his recent trip to China.

On being put to the meeting the motion was declared CARRIED.

The Mayor declared the meeting closed at 10.00pm.

Name: Ned Mannoun

Title: Mayor

Date: 27 August 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 30 July 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Minutes of the Ordinary Council Meeting held on Wednesday, 30 July 2014 and confirmed on Wednesday, 27 August 2014

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Chairperson 1

MINUTES OF THE ORDINARY MEETING HELD ON 27 AUGUST 2014

PRESENT: Mayor Ned Mannoun Councillor Balloot Councillor Hadchiti Councillor Hadid Councillor Harle Councillor Ristevski Councillor Shelton Councillor Stanley Mr Carl Wulff Chief Executive Officer Mr Matthew Walker, Acting Chief Financial Officer Ms Toni Averay, Director Planning and Growth Ms Kiersten Fishburn, Director Community and Culture Mr Gino Belsito, Director City Presentation Mr Michael Cullen, Director Economy and Engagement

The meeting commenced at 6.03pm.

OPENING 6.03pm

PRAYER The prayer of the Council was read by Reverend Phil Hanbury from the South Western Community Baptist Church.

APOLOGIES Clr Karnib, Clr Mamone and Clr Waller

Motion: Moved: Clr Hadid Seconded:Clr Shelton

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 2

CONDOLENCES - Mr Emanuel Tsardoulias

The following information was read by Clr Stanley on behalf of Clr Waller.

It is with great sadness that we remember here this evening the life of Emanuel Tsardoulias. Emanuel passed away on Saturday the 16th of August after a long but valiant struggle with cancer. Emanuel was 38. Emanuel worked at Liverpool Council within the Economic Development Unit in the 90s. Emanuel and the team in which he worked strove for the acknowledgement of Liverpool as a regional centre. Emanuel remained passionate about Liverpool, and its future up to his untimely death. When Emanuel passed away he was a councillor on Marrickville Council. Emanuel had been Dep. Mayor of Marrickville from 2012 to 2013. A post he held with great pride and compassion. Emanuel has been described as larger than life, an everlasting optimist and anyone that knew Emanuel would say this was so. Emanuel was also passionate about his community and was dedicated to the improvements in the quality of life of residents. When Emanuel was first diagnosed with cancer he lost the sight in one eye, he faced this loss and the battle with cancer with great humility and great determination, he saw this this as not a setback but something he would overcome. He was remarkably positive about his future and was thankful for his life. He married and recently became a father to twin boys Stephen and Dimitri. This role he relished saying that this was the best thing he had ever done, he doted on his new role, his children and his partner.

Sadly his battle with cancer came to an end on Saturday leaving behind his wife Zoi, and his cherished twin boys.

A bright and glowing light within our community and that of Marrickville has gone out. His funeral was held at the Greek Orthodox Parish of St Nicholas Church Marrickville on Friday the 22nd of August.

Motion: Moved: Clr Stanley Seconded:Clr Hadchiti

That Council express its deepest condolences for the recent passing of Mr Emanuel Tsardoulias and a letter of condolence be sent to his family.

On being put to the meeting the motion was declared CARRIED.

CONFIRMATION OF MINUTES

Motion: Moved: Clr Hadid Seconded:Clr Balloot

That the minutes of the Ordinary Meeting held on 30 July 2014 be confirmed as a true record of that meeting.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 3

DECLARATIONS OF INTEREST

Clr Stanley declared a pecuniary interest for the following Item:

Item DPG 01 Proposed Amendment 38 Liverpool Local Environmental Plan 2008 Phase 3 Land Reclassifications and Rezonings Reason: Clr Stanley owns property in the area of one of the proposed parcels of land for sale.

Clr Stanley left the Chambers for the duration of this Item.

Clr Stanley declared a non-pecuniary, significant interest in the following Item:

Mayoral Minute: Sponsorship Team Gong Ballistic Reason: Someone significant in Clr Stanley’s life was seriously affected with multiple sclerosis.

Clr Stanley left the Chambers for the duration of this Item.

Clr Harle declared a non-pecuniary, significant interest in the following Item:

Item DCC 01: Request for fee waiver - Liverpool Action Group Reason: Clr Harle is a member of the Liverpool Action Group.

Clr Harle left the Chambers for the duration of this Item.

Clr Hadchiti declared a non-pecuniary, less than significant interest in the following Item:

Mayoral Minute: Sponsorship Team Gong Ballistic Reason: A friend of Clr Hadchiti has multiple sclerosis.

Clr Hadchiti left the Chambers for the duration of this Item.

Mayor Ned Mannoun declared a non-pecuniary, less than significant interest in the following Item:

Item CFO 06: Tender WT2307 - Construction of eight townhouses at 39 Heckenberg Avenue, Sadlier Reason: One of the tenderers is the builder of Mayor Mannoun’s home. Mayor Mannoun will leave the room during this item.

Mayor Mannoun left the Chambers for the duration of this item.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 4

PUBLIC FORUM

(Presentation – Items not on agenda)

Nil

(Representation – Items on agenda)

1. Mr Ozden Mustafa addressed Council on the following item:

Item DAD 01 - DA-1198/2013 - Partial demolition and alterations and additions to the existing dwelling; use of the dwelling as a child care centre; and installation of signage at 4 Bungarra Crescent Chipping Norton.

Motion: Moved: Clr Hadchiti Seconded: Clr Shelton

That a two minute extension of time be given to Mr Ozden Mustafa.

On being put to the meeting the motion was declared CARRIED.

2. Ms Briona Jocic addressed Council on the following Item:

Item DPG 04 - Draft LLEP 2008 Amendment No 32 (Housekeeping) Post Exhibition Report.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 5

MAYORAL MINUTE

Subject: Mayoral Charity Ball 2014

Last Saturday 23 August 2014, Council hosted the very successful Mayoral Charity Ball. The Mayoral Ball made a welcome return after many years absence and was attended by nearly 400 guests. By most measures the Mayoral Ball was a great success and I am very pleased to say that whilst we are tallying final costs and revenues, the event exceeded our ambitious target of raising $50,000 to be shared evenly between two great and worthy causes; the Cancer Wellness centre and Youth Adult Disability Association.

When Councillor Peter Ristevski proposed the Mayoral Ball to the Council I was aware of the huge undertaking a successful Mayoral Ball could be. I was also aware of the yearning in the community of Liverpool for a social event that could be a highlight on the Liverpool calendar and allow our city to celebrate our growing successes and the heroes within our community.

I would like to thank the Council staff that worked together to make the event such a success, particularly Alyson Infanti and Alexie Bull amongst a great team effort. I would also like to thank Councillor Peter Ristevski for suggesting the reinstatement of an annual ball and for his role in organising sponsorship and the entertainment. On behalf of Council, I wish to also thank all those who attended, particularly the sponsors of the Ball.

The success of the 2014 Mayoral Charity Ball demonstrates the desire within the community for such an important marquee event and strong support not only for the worthy charities but for the ongoing work of this Council. I therefore propose to establish the Mayoral Charity Ball as an annual event to be held in or around August each year.

RECOMMENDATION

That Council:

1. Acknowledge the success of the 2014 Mayoral Charity Ball which has successfully raised over $50,000 toward two local causes.

2. Presents the proceeds of the ball to the Cancer Wellness Centre and Youth Adult Disability Association at a suitable occasion.

3. Acknowledges all who contributed to the success of the Ball including Council staff, sponsors, the entertainers Altiyan Childs, Ballina Gee and the High Rollers Big Band, as well as the MC Joel Caine.

4. Thank the sponsors; Abacas Group, TAFE South Western Sydney Institute, Masters. PWC, Casula Mall, Peter Warren Automotive, Chan & Naylor, the Liverpool Catholic Club and Direct Freight Express.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 6

5. Initiate an annual Mayoral Charity Ball to be held in August of each year and delegate to the CEO to make appropriate organisational arrangements and resourcing to ensure its ongoing success and viability as a highlight of the Liverpool calendar and a showcase of our community’s worthy causes and talent.

Motion: Moved: Mayor Mannoun

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 7

Clr Hadchiti and Clr Stanley left the Chambers at 6.23pm.

MAYORAL MINUTE

Subject: Sponsorship Team Gong Ballistic

The MS Gong Ride has, over its 32 year history become a Sydney cycling tradition. More importantly, the event has raised over $30 million to support people with Multiple Sclerosis since 1980.

Multiple sclerosis (MS) is by all accounts an utterly debilitating disease affecting the central nervous system that can interfere with the transmission of nerve impulses throughout the brain, spinal cord and optic nerves.

There are many in our local community living with this terrible disease, one of whom is Steven Ruhs. Steven’s sister Tina is organising a Liverpool based team called Gong Ballistic. Council has been approached to sponsor this team.

I understand that last year they were the 3rd highest team in terms of sponsorship money raised. Only SBS-BA Cycling and the Westpac Group both of which are much larger teams in comparison were able to raise more money.

RECOMMENDATION:

That Council:

1. Acknowledges the important work of MS Australia and the assistance the organisation provides in the community.

2. Congratulates all participants in the MS Gong Ride 2014.

3. Approves gold level $2000.00 sponsorship of the Team Gong Ballistic in the MS Gong Ride, 2 November 2014.

4. Supports the sponsorship with appropriate media and communications activity.

Motion: Moved: Mayor Mannoun

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 8

Clr Hadchiti and Clr Stanley returned to the Chambers at 6.25pm.

INDEPENDENT HEARING AND ASSESSMENT PANEL REPORT

ITEM NO: IHAP 01 FILE NO: 151635.2014 SUBJECT: DA-589/2013 Construction of a six storey residential flat building comprising 17 residential units, and two levels of basement car park; demolition of existing structures and tree removal at 83 Campbell Street, Liverpool

RECOMMENDATION

That Council approve Development Application No. DA-589/2013 subject to the revised recommended conditions attached to the report.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Shelton Clr Hadid Clr Harle Clr Ristevski

Vote against: Clr Stanley

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 9

ITEM NO: IHAP 02 FILE NO: 175913.2014 SUBJECT: DA-851/2013 - Construction of a boarding house at 16 Collinsville Place, Miller

RECOMMENDATION

That Council approves the application DA-851/2013, subject to the recommended conditions attached to the IHAP report and the following amendments to the Draft Determination Notice considered by IHAP:

Amend Draft Condition 5 to read as follows:

Rear Windows

5. The windows on the rear elevation shall be reconfigured to increase the area of the window and reduce the sill height to 900mm. Amended plans shall be submitted to the satisfaction of Council’s Service Manager, Development Assessment.

To insert two additional conditions as follows:

Privacy

The windows on the western elevation adjacent to the stairwell must be obscure glazed on the bottom four rows. Details are to be submitted to the PCA with the Construction Certificate application.

The outdoor covered seating area shall be screened by a 1.5 metre high screen to the full width of the southern elevation. Details are to be submitted to the PCA with the Construction Certificate application.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Harle

1. That Council refuse the DA 851/2013 for the following reasons:

a. The proposal is inconsistent with Schedule 1 of the Environmental Planning & Assessment Regulation 2000, as an agreement in writing from the adjoining owners granting consent for the creation of an easement for disposal of downstream drainage onto their property has not been provided with the application.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 10

b. The application contains inadequate information to determine whether the proposed development is consistent with Section 79C(1)(b)(c) of the Environmental Planning and Assessment Act 1979, as a geotechnical report prepared by a qualified and practising geotechnical engineer has not been submitted.

c. The proposal is inconsistent with Clause 30(1)(h) of the State Environmental Planning Policy (Affordable Rental Housing) 2009, as two (2) motorcycle parking spaces are required to be provided for the proposed development and this has not been provided on the application.

d. The proposed development is not in the public interest.

2. Council recommend to the applicant to consider a multi unit dwelling on the site as opposed to a boarding house, noting the potential non compliances.

Foreshadowed Motion: Moved:Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion (by Clr Hadid) was declared CARRIED and the foreshadowed motion lapsed.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Ristevski

Vote against: Clr Shelton Clr Stanley

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 11

ITEM NO: IHAP 03 FILE NO: 178250.2014 SUBJECT: DA-65/2014 Construction of eight attached 2-storey dwellings; and re- subdivision of land to create eight Torrens title lots at Hugh Terrace and Windsock Avenue, Middleton Grange

RECOMMENDATION

That Council:

1. Approve the application DA-65/2014, subject to the recommended conditions attached to the IHAP Report, and the following amendments to the Draft Determination Notice as recommended by IHAP:

Add Draft Conditions 20a and 47a to read as follows:

B. PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE

Amended Landscape Concept Plan – Street Trees

20a. An amended landscape concept plan is to be submitted to the satisfaction of Council which includes incorporation of twelve (1) street trees, to be planted at appropriate intervals. The species is to be selected in consultation with Council’s landscape architect. Details are to be shown on the construction certificate plans.

D. DURING CONSTRUCTION

47a. Twelve (12) street trees are to be planted at appropriate intervals, in accordance with the amended landscape concept plan.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 12

Clr Stanley left the Chambers at 6.47pm.

DEVELOPMENT APPLICATION DETERMINATION REPORT

ITEM NO: DAD 01 FILE NO: 184877.2014 SUBJECT: DA-1198/2013 - Partial demolition and alterations and additions to the existing dwelling; use of the dwelling as a child care centre; and installation of signage at 4 Bungarra Crescent Chipping Norton

RECOMMENDATION

That Council:

Approve the application DA-1198/2013, subject to the recommended conditions attached to the IHAP Report and the following amendments to the Draft Determination Notice considered by IHAP:

Amend Draft Condition 1 to read as follows:

1. Development the subject of this determination notice must be carried out strictly in accordance with Development Application No. DA-1198/2013 lodged on 24 October 2013 and accompanying plans and reports listed below and stamped DA-1198/2013, except where modified by the undermentioned conditions and amendments contained within this condition:

Description Issue Job No Sheet Date Prepared By DA01 - Cover B 13011 1 of 5 28 March De Angelis Page, Site Analysis 2014 Taylor + & Site/Roof Plan Associates DA02 - Ground B 13011 2 of 5 28 March De Angelis Floor Plan & 2014 Taylor + Sections Associates DA03 -Elevations & B 13011 3 of 5 28 March De Angelis Street Elevation 2014 Taylor + Associates DA04 - Demolition B 13011 4 of 5 28 March De Angelis Plan & Earthworks 2014 Taylor + Plan Associates L-01 - Landscape B 3442b 24 March Ray Fuggle Plan 2014 Associates Exterior Finishes C 13011 - n.d. De Angelis Schedule Taylor + Associates Childcare Centre - 20130747.1 - 26 August Acoustic Noise Assessment 2013 Logic

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 13

The following design amendments are required:  A minimum of 50% of the rear yard marked on the approved landscape plan as “turf, artificial turf or wetpour rubber”, is to be comprised of permeable landscaping. This shall be situated in such a manner as to ensure the viability of the trees to be retained.  The two Pyrus Calleryana provided within the front setback shall be planted with a pot size of 200L.  Horizontal sunhoods shall be located above the front windows to the rooms marked as Foyer, Admin and Staff Room. There are to be two continuous sunhoods: one over the windows between the Foyer and the Admin room, and one over all three windows to the Staff Room. The sunhoods are to project one metre from the front wall.  The proposed front wall sign shall be located below the first sunhood described above.

Amend Draft Condition 129 to read as follows:

129. The applicant is to prepare and implement an Operational Traffic Management Plan (OTMP). The OTMP shall incorporate the following:

 Strategies for information advising parents and care givers of preferred route to the child care centre and the time for pick-up and drop-off, having regard to the Assessment of Traffic and Parking Implications prepared by Traffic Impact Services Pty Ltd and dated October 2013, and having regard for the peak periods of vehicle movement for nearby schools.  Strategies for minimising potential queuing when parents drop off and pick up children.

The OTMP shall be implemented on an ongoing basis.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadid

That Council:

A. Approve the application DA-1198/2013, subject to the recommended conditions attached to the IHAP Report and the following amendments to the Draft Determination Notice considered by IHAP:

Amend Draft Condition 1 to read as follows:

1. Development the subject of this determination notice must be carried out strictly in accordance with Development Application No. DA-1198/2013 lodged on 24 October 2013 and accompanying plans and reports listed below and stamped DA-1198/2013, except where modified by the undermentioned conditions and amendments contained within this condition:

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 14

Description Issue Job No Sheet Date Prepared By DA01 - Cover B 13011 1 of 5 28 March De Angelis Page, Site Analysis 2014 Taylor + & Site/Roof Plan Associates DA02 - Ground B 13011 2 of 5 28 March De Angelis Floor Plan & 2014 Taylor + Sections Associates DA03 -Elevations & B 13011 3 of 5 28 March De Angelis Street Elevation 2014 Taylor + Associates DA04 - Demolition B 13011 4 of 5 28 March De Angelis Plan & Earthworks 2014 Taylor + Plan Associates L-01 - Landscape B 3442b 24 March Ray Fuggle Plan 2014 Associates Exterior Finishes C 13011 - n.d. De Angelis Schedule Taylor + Associates Childcare Centre - 20130747.1 - 26 August Acoustic Noise Assessment 2013 Logic

The following design amendments are required:  A minimum of 50% of the rear yard marked on the approved landscape plan as “turf, artificial turf or wetpour rubber”, is to be comprised of permeable landscaping. This shall be situated in such a manner as to ensure the viability of the trees to be retained.  The two Pyrus Calleryana provided within the front setback shall be planted with a pot size of 200L.  Horizontal sunhoods shall be located above the front windows to the rooms marked as Foyer, Admin and Staff Room. There are to be two continuous sunhoods: one over the windows between the Foyer and the Admin room, and one over all three windows to the Staff Room. The sunhoods are to project one metre from the front wall.  The proposed front wall sign shall be located below the first sunhood described above.

Amend Draft Condition 129 to read as follows:

129. The applicant is to prepare and implement an Operational Traffic Management Plan (OTMP). The OTMP shall incorporate the following:

 Strategies for information advising parents and care givers of preferred route to the child care centre and the time for pick-up and drop-off, having regard to the Assessment of Traffic and Parking Implications prepared by Traffic Impact Services Pty Ltd and dated October 2013, and having regard for the peak periods of vehicle movement for nearby schools.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 15

 Strategies for minimising potential queuing when parents drop off and pick up children.

The OTMP shall be implemented on an ongoing basis.

B. That Council receives a report at the December Council meeting which:

1. Provides details of child care centres approved in residential areas.

2. Discusses any complaints received regarding childcare centres over the past two years.

3. Recommends options to amend planning controls for child care centres to protect residential amenity which could consider the following:

 Minimum lot size  Minimum lot frontage  Increased onsite parking  Location on roads with a pavement width of 7.2m or wider to improve parking and passing traffic  Location adjacent to reserves or open space to minimise the number of neighbours impacted  Improved acoustic requirements for buildings and fencing  Incorporate the Dept DOCs recommendations of where child care centres are recommended.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 16

Clr Stanley returned to the Chambers at 6.58pm.

CHIEF FINANCIAL OFFICER

ITEM NO: CFO 01 FILE NO: 182314.2014 SUBJECT: Planning Proposal Fees and Public Exhibition of Fees and Charges Amendments

RECOMMENDATION

That Council:

1. Notes the Information contained in this report.

2. Endorses the proposal to increase the fee for Major Planning Proposals from $30,000 to $30,000 plus cost recovery.

3. Approves the new Major Planning Proposal Fee and amendments to the Development Application fees to be placed on public exhibition for 28 days and that a further report to Council be provided with any submissions made.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Shelton

1. Notes the Information contained in this report.

2. Endorses the proposal to increase the fee for Major Planning Proposals from $30,000 to $35,000 plus cost recovery.

3. Approves the new Major Planning Proposal Fee and amendments to the Development Application fees to be placed on public exhibition for 28 days and that a further report to Council be provided with any submissions made.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 17

ITEM NO: CFO 02 FILE NO: 182955.2014 SUBJECT: Performance Report June

RECOMMENDATION

That Council receives and notes the June 2014 Performance Report which outlines the progress of all principal activities contained in the 4-year Delivery Program and Operational Plan.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 18

ITEM NO: CFO 03 FILE NO: 183781.2014 SUBJECT: Budget Review - June 2014

RECOMMENDATIONS

That Council:

1. Receives and notes the report;

2. Votes to carry forward $17.476 million for incomplete works into 2014/15, comprising:  Reserves (External/ Internally Restricted) $4,922,441  Grant funds $2,549,444  S94 Developer Contributions $7,466,329  General Funds $2,537,964

3. Approves allocation of funds to recommended initiatives to commit the balance of $4.870 million surplus.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Ristevski

That the recommendation be adopted.

Foreshadowed Motion: Moved: Clr Shelton Seconded: Clr Stanley

That Council:

1. Receives and notes the report;

2. Votes to carry forward $17.476 million for incomplete works into 2014/15, comprising:  Reserves (External/ Internally Restricted) $4,922,441  Grant funds $2,549,444  S94 Developer Contributions $7,466,329  General Funds $2,537,964

3. Approves allocation of funds to recommended initiatives to commit the balance of $4.870 million surplus with the exception of the last two items on page 108 of the Council Agenda as listed below:  $100 000 additional funds for the Night Markets.  $250 000 additional funds required to fund the implementation of the Liverpool Branding project.

On being put to the meeting the motion (by Mayor Mannoun) was declared CARRIED and the foreshadowed motion lapsed.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 19

ITEM NO: CFO 04 FILE NO: 181713.2014 SUBJECT: Investment Report July 2014

RECOMMENDATION

That Council That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 20

ITEM NO: CFO 05 FILE NO: 161922.2014 SUBJECT: Classification of Lot 1 DP 1196393, Lot 1 Bigge Street, Liverpool as 'Operational' land

RECOMMENDATION

That Council classifies Lot 1 DP 1196393, Lot 1 Bigge Street, Liverpool as 'Operational' land in accordance with the Local Government Act 1993.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 21

Mayor Mannoun left the Chambers at 7.15pm and Deputy Mayor Hadid took the Chair.

ITEM NO: CFO 06 FILE NO: 174875.2014 SUBJECT: Tender WT2307 - Construction of eight townhouses at 39 Heckenberg Avenue, Sadlier RECOMMENDATION

That Council:

1. Declines to accept any of the tenders for Tender WT2307 – Construction of eight townhouses at 39 Heckenberg Avenue, Sadlier and cancels the proposal for the contract;

2. Makes public its decision regarding Tender WT2307 – Construction of eight townhouses at 39 Heckenberg Avenue, Sadlier;

3. Agrees to sell Lot 493, 494 and 552 DP 217650, 39 Heckenberg Avenue, Sadlier, as an approved development site by placing the property on the open market for sale by way of public auction through a local real estate agent;

4. Agrees to set the reserve price for the public auction as outlined in the confidential attachment;

5. Authorizes the Chief Executive Officer or his nominee to negotiate the sale of Lot 493, 494 and 552 DP 217650, 39 Heckenberg Avenue, Sadlier, if not sold under the hammer, for a sale price of not less than five percent below the reserve price, on the day of auction, and execute the contract for sale to facilitate the exchange of contracts on the day of the auction;

6. Agrees that if the property is not sold at auction it is immediately placed on the open market for sale by private treaty;

7. Transfers the net proceeds from the sale to the Property Development Reserve; and

8. Keeps confidential the details supplied in this report containing information on the submissions received and proposed sale, pursuant to the provisions of Section 10A(2)(d)(i) and 10A(2)(c) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it and/or confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 22

ITEM NO: CFO 07 FILE NO: 184662.2014 SUBJECT: Proposed Acquisition of Part Lot 201 DP 1194243, Kurrajong Road, Carnes Hill for Open Space and Drainage

RECOMMENDATION

That Council:

1. Accepts the dedication of Lots 201 and 203 DP 1194243 at no cost;

2. Approves the acquisition of part of Lot 201 DP 1194243, Kurrajong Road, Carnes Hill designated Open Space and Drainage in the Liverpool Local Environment Plan 2008 for the purchase price outlined in the confidential attachment;

3. Upon dedication of Lots 201 and 203 DP 1194243 and the acquisition of part Lot 201 classifies the land as ‘Community Land’;

4. Notes the square metre area for acquisition is approximate and subject to final survey. Approves the acquisition on a dollar rate per square metre as outlined in the confidential attachment;

5. Keeps confidential the report supplied under separate cover containing the acquisition price pursuant to the provisions of Section 10A (2) (c) of the local Government Act 1993 as this information would if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

6. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 23

ITEM NO: CFO 08 FILE NO: 184885.2014 SUBJECT: General Power of Attorney

RECOMMENDATION

That Council:

1. Appoints the persons for the time being holding the position of Chief Executive Officer, Chief Financial Officer and Public Officer, to be its attorneys, severally to exercise, subject to any conditions and limitations specified below, the authority conferred on them by section 43 of the Powers of Attorney Act 2003, to do on the Council’s behalf, anything it may lawfully authorise its attorney to do. The power of attorney is limited to the execution of documents, dealings and instruments relating to the following matters:

 The creation (whether by acquisition or other means), disposal or extinguishment of an interest in land;  The creation, disposal or extinguishment of a right, obligation or interest other than in land; and  Contracts for works services and supply of goods.

2. Revokes the previous power of attorney granted by Council, being Registered Book 4660 Number 962.

3. Authorises the seal of Council to be affixed to the power of attorney and to the revocation of the previous power of attorney.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 24

ITEM NO: CFO 09 FILE NO: 188200.2014 SUBJECT: Councillor Briefing Session Terms of Reference

RECOMMENDATION

That:

1. Council hold Councillor Briefing Sessions regardless of the number of Councillors attending.

2. The only senior staff required at the sessions will be those that are presenting on a topic.

3. The Councillor Briefing Session Terms of Reference be reformatted and retitled as per the attached Councillor Briefing Guidelines to ensure consistency with other policy documents of Council.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

Amendment: Moved: Clr Harle Seconded: Clr Hadchiti

That:

1. Council hold Councillor Briefing Sessions where a minimum of 3 Councillors are attending.

2. The only senior staff required at the sessions will be those that are presenting on a topic.

3. The Councillor Briefing Session Terms of Reference be reformatted and retitled as per the attached Councillor Briefing Guidelines to ensure consistency with other policy documents of Council.

On being put to the meeting the amendment (by Clr Harle) was declared CARRIED.

Mayor Mannoun returned to the Chambers at 7.21pm and took the Chair.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 25

CITY PRESENTATION REPORT

ITEM NO: DCP 01 FILE NO: 175067.2014 SUBJECT: Regional Waste Avoidance and Resource Recovery Strategy

RECOMMENDATION

That Council:

1. Receive the information contained in the report on the Regional Waste Strategy.

2. Endorse the Regional Waste Avoidance and Resource Recovery Strategy.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 26

Clr Harle left the Chambers at 7.22pm

COMMUNITY AND CULTURE REPORT

ITEM NO: DCC 01 FILE NO: 179790.2014 SUBJECT: Request for fee waiver - Liverpool Action Group

RECOMMENDATION

That Council:

1. Approve a three-year license from 1 September 2014 for Liverpool Action Group Inc. to use the City Library Gold Room for monthly meetings.

2. Approve the waiver of normal rental fees for the period of this license.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That:

1. Council refuse a three-year license from 1 September 2014 for Liverpool Action Group Inc. to use the City Library Gold Room for monthly meetings.

2. A report be prepared to outline why the previous fees have been waived for this group.

Foreshadowed motion: Moved: Mayor Mannoun Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared LOST. The foreshadowed motion (by Mayor Mannoun) then became the motion and on being put to the meeting was declared CARRIED.

Division Called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Ristevski

Vote Against: Clr Shelton Clr Stanley

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 27

Clr Harle returned to the Chambers at 7.24 pm.

ITEM NO: DCC 02 FILE NO: 188290.2014 SUBJECT: Donations, Grants and Sponsorship

RECOMMENDATION

That Council:

1. Endorses the Financial Contribution Panel's recommendations for the provision of $2,100 under the Sporting Donations Program as summarised in the table below

Applicant Name Amount Luke Mills $200 Rory Southwell $500 $500 Pending additional information South West Metro Waratahs confirming 75% of the team are local residents Thomas Carroll $200 Antonio Labbozzetta $200 Select Dance School $500

2. Endorses the Financial Contribution Panel's recommendations for the provision of $4,950 under the Community Donations Program (including one Community Grants application) as summarised in the table below

Applicant Name Project Name Amount Dictionary of Sydney Accessing Liverpool Oral $4,950 Histories for Georges River Project

3. Endorses the Financial Contributions Panel's recommendations for the provision of up to $32,200 in 2014/15 under the Corporate Sponsorship Program as summarised in the table below:

Applicant name Amount Ingham Institute for Applied Medical Research $5,000 Sanatan Satsang Sabha of NSW Inc up to $7,200

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 28

International Centre for Indian Cinema $10,000 Liverpool Domestic Violence Liaison Committee $3,000 Wattle Grove Public School $500 Friends of India Australia Inc (FOIA) $3,500 Desi Media Group $3,000

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

1. Endorses the Financial Contribution Panel's recommendations for the provision of $2,100 under the Sporting Donations Program as summarised in the table below

Applicant Name Amount Luke Mills $200 Rory Southwell $500 $500 Pending additional information South West Metro Waratahs confirming 75% of the team are local residents Thomas Carroll $200 Antonio Labbozzetta $200 Select Dance School $500

2. Endorses the Financial Contribution Panel's recommendations for the provision of $4,950 under the Community Donations Program (including one Community Grants application) as summarised in the table below

Applicant Name Project Name Amount Dictionary of Sydney Accessing Liverpool Oral $4,950 Histories for Georges River Project

3. Endorses the Financial Contributions Panel's recommendations for the provision of up to $51,500 in 2014/15 under the Corporate Sponsorship Program as summarised in the table below:

Applicant name Amount Ingham Institute for Applied Medical Research $5,000 Sanatan Satsang Sabha of NSW Inc $10,000 International Centre for Indian Cinema $20,000

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 29

Liverpool Domestic Violence Liaison Committee $5,000 Wattle Grove Public School $500 Friends of India Australia Inc (FOIA) $8,000 Desi Media Group $3,000

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 30

Clr Balloot left the Chambers at 7.29pm.

Clr Stanley left the Chambers at 7.30pm.

Clr Balloot returned to the Chambers at 7.31pm.

PLANNING AND GROWTH REPORT

ITEM NO: DPG 01 FILE NO: 087242.2014 SUBJECT: Proposed Am 38 Liverpool Local Environmental Plan 2008 Phase 3 Land Reclassifications and Rezonings

RECOMMENDATION

That Council:

1. Proceed with the reclassification and rezoning of the following parcels of land:  124A Wonga Road, Lurnea (McCarthy Park)  Part of 15 Qantas Boulevard, Middleton Grange (Part of Lascondor Park)  8 Ferrington Crescent, Liverpool (Ferrington Park)  20A Frazer Avenue, Lurnea (Baker Park)  84A St Andrews Boulevard, Casula (St Andrews Park)  26 Wendlebury Road, Chipping Norton (Wendlebury Park)  2A Deerwood Avenue, Liverpool (Hazel Bradshaw Park)  22 Box Road, Casula (Mimosa Park)  72A Grevillea Crescent, Prestons (Acacia Park)

2. Not proceed with the reclassification and rezoning of the following parcels of land:  9 Gunsynd Avenue, Casula (Part of Thawaral Park)  10 Anjudy Close, Casula (Part of Thawaral Park)  230 Newbridge Road, Moorebank (Part of Regan Park)  99-101 Rose Street, Liverpool (Part of Pearce Park)  12A Brain Avenue, Lurnea (Hannan Park)

3. Send a copy of the Planning Proposal to NSW Planning and Infrastructure to seek a Gateway Determination to proceed with Draft Amendment 38 to Liverpool Local Environmental Plan 2008 which includes the reclassification and rezoning of the parcels of land identified in Recommendation 1.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That Council defer the matter for discussion at a Councillor Briefing and then for a report to the November Council meeting.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 31

Clr Stanley returned to the Chambers at 7.38pm.

ITEM NO: DPG 02 FILE NO: 156587.2014 SUBJECT: Liverpool LEP Amendment No. 50- 900 Cowpasture Rd, Cecil Hills (Sydney Water Site)

RECOMMENDATION

That Council:

1. Endorses the Planning Proposal (Amendment No. 50) to forward to NSW Planning and Environment seeking Gateway Determination.

2. Subject to Gateway approval, proceeds with public authority consultation and public exhibition in accordance with the determination.

3. Notes that the outcomes of public authority consultation and public exhibition will be reported to Council in the future.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Harle

That this matter be deferred for officers to provide Councillors with a street layout and further information in relation to lot sizes.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Ristevski

Vote Against: Clr Shelton Clr Stanley

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 32

ITEM NO: DPG 03 FILE NO: 089159.2014 SUBJECT: LLEP Draft Amendment No 49 - Removal of Flood Prone Area Mapping from LLEP

RECOMMENDATION

That Council:

1. Forwards a planning proposal to NSW Planning and Environment seeking a Gateway Determination to amend Clause 7.8 and remove the LEP Flood Prone Land Area Mapping.

2. Proceeds with public authority consultation and public exhibition in accordance with the determination, subject to Gateway approval.

3. Notes that the outcomes of public authority consultation and public exhibition will be reported to Council in the future.

4. Proceeds with the minor amendment to the DCP which will identify flooding risk provisions applying to land at or below the flood planning area (as opposed to being identified as per the Flood Prone Land Maps within the LLEP 2008).

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 33

ITEM NO: DPG 04 FILE NO: 132481.2014 SUBJECT: Draft LLEP 2008 Amendment No 32 (Housekeeping) Post Exhibition Report

RECOMMENDATION

That Council:

1. Adopt Draft Liverpool Local Environmental Plan 2008 (Amendment No 32) and forward a copy of the attached planning proposal and supporting documentation to the Department of Planning and Environment for finalisation.

2. Writes to the people who lodged submissions advising of Council’s decision.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That Council:

1. Adopt Draft Liverpool Local Environmental Plan 2008 (Amendment No 32) and forward a copy of the attached planning proposal and supporting documentation to the Department of Planning and Environment for finalisation.

2. Writes to the people who lodged submissions advising of Council’s decision.

3. Defer Lot 101, 85 Lee and Clarke Road, Kemps Creek for further consultation.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 34

ITEM NO: DPG 05 FILE NO: 140055.2014 SUBJECT: Public Exhibition Outcomes - Draft Liverpool Development Control Plan 2008 (Amendment 15)

RECOMMENDATION

That Council adopts Draft Liverpool Development Control Plan 2008 (Amendment 15) in accordance with section 21 of the Environmental Planning and Assessment Regulation 2000 to come into effect upon the publication of a public notice in the local newspaper.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 35

COMMITTEE REPORTS

ITEM NO: CTTE 01 FILE NO: 047878.2014 SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 4 June 2014

RECOMMENDATION

1. The Minutes of the Aboriginal Consultative Committee Meeting held on 4 June 2014 are attached for the information of Council.

2. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 36

ITEM NO: CTTE 02 FILE NO: 140010.2014 SUBJECT: Liverpool Youth Council Meeting Notes June 2014

RECOMMENDATION

That Council:

1. Receives and notes the Meeting Notes of the Liverpool Youth Council Meeting held on Tuesday 3 June 2014.

2. Notes that this meeting was the final meeting of the Liverpool Youth Council 2012- 2014 term and that a quorum was not present.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 37

ITEM NO: CTTE 03 FILE NO: 149367.2014 SUBJECT: Heritage Advisory Committee Minutes 3 June 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Heritage Advisory Committee Meeting held on 3 June 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 38

ITEM NO: CTTE 04 FILE NO: 155095.2014 SUBJECT: Minutes of Economic Development Committee and Events Committee meeting held 6 August 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 6 August 2014.

2. Support allocation of an additional $110,000 at Council’s budget quarterly review to effectively deliver Council’s 2014/15 events schedule.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That Council:

1. Receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 6 August 2014 subject to the following correction:

 The minutes be corrected to show that Clr Shelton attended the meeting.

2. Support allocation of an additional $110,000 at Council’s budget quarterly review to effectively deliver Council’s 2014/15 events schedule.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 39

ITEM NO: CTTE 05 FILE NO: 150511.2014 SUBJECT: Minutes of the Liverpool Access Committee 12 June 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 12 April 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 40

ITEM NO: CTTE 06 FILE NO: 154214.2014 SUBJECT: No Intermodal Committee Meeting Minutes of 1 July 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 1 July 2014.

2. Notes the advice in this report regarding the media awareness campaign.

3. Allocates $95,000 from the Intermodal Reserve to the Intermodal Fighting Fund to continue work relating to the intermodal proposals.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 41

ITEM NO: CTTE 07 FILE NO: 154785.2014 SUBJECT: Minutes of the Budget and Finance Committee 2 July 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 2 July 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 42

ITEM NO: CTTE 08 FILE NO: 154820.2014 SUBJECT: Key Sites Master Planning Steering Committee Minutes from meeting held 1 July 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 1 July 2014;

2. Adopts the recommendation put forward in the confidential report provided under separate cover; and

3. Keeps confidential the minutes supplied under separate cover containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 43

ITEM NO: CTTE 09 FILE NO: 155097.2014 SUBJECT: Minutes of Building Our New City Committee meeting held 2 July 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Building our New City Committee Meeting held on 2 July 2014.

2. Approves the following amendments to the Building Our New City Committee Charter as follows:

 Amend the wording of 8.1.1 from ‘The Mayor’ to ‘The Mayor or delegate’.

 Amend the wording of 8.1.2 from ‘The Deputy Mayor and one Councillor, as elected by Council’ to “The Deputy Mayor or delegate, and one Councillor or delegate, as elected by Council”.

3. Approves the removal of section 5. (vi) from the Economic Development Committee charter, which reads “Manage all Town Improvement Fund (TIF), all boundaries, expenditure recommendations and strategies and other elements as per and instead of the TIF Management steering group.”

4. Approves the addition of the following function to section 5 as item 5.3 to the Building Our New City Committee Charter: “Manage all Town Improvement Fund (TIF), all boundaries, expenditure recommendations and strategies and other elements as per and instead of the TIF Management steering group.”

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 44

ITEM NO: CTTE 10 FILE NO: 167594.2014 SUBJECT: Minutes of the Liverpool Access Committee 10 July 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 10 July 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 45

ITEM NO: CTTE 11 FILE NO: 155308.2014 SUBJECT: Minutes of Tourism and Events Committee meeting held 2 July 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Tourism and Events Committee Meeting held on 2 July 2014.

2. Approves the new Charter for the merged Economic Development and Events Committee with the amendment that the clause relating to the Town Improvement Fund be removed and be added to the Building Our New City Charter.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 46

ITEM NO: CTTE 12 FILE NO: 155312.2014 SUBJECT: Minutes of Economic Development Committee meeting held 2 July 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Economic Development Committee Meeting held on 2 July 2014.

2. Approves the new Charter for the combined Economic Development and Events Committee with the amendment that the clause relating to the Town Improvement Fund be removed and be added to the Building Our New City Committee Charter.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 47

ITEM NO: CTTE 13 FILE NO: 169800.2014 SUBJECT: Casula Powerhouse Arts Centre Board Minutes from Meeting 17 July 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Casula Powerhouse Arts Centre Board meeting held on 17 July 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 48

ITEM NO: CTTE 14 FILE NO: 172874.2014 SUBJECT: Local Traffic Committee Minutes of Meeting held on 16 July 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Local Traffic Committee Meeting held on 16 July 2014.

2. Adopts the following recommendations of the Local Traffic Committee meeting:

Item 1 Munday Street, Manning Street and Warwick Street, Warwick Farm - Proposed Regulatory Sign Posting

i. Supports the amended sign posting scheme but the proposed pedestrian refuge is to be deleted. ii. The applicant be advised of the outcome accordingly.

Item 2 Kendall Drive, Casula – Traffic Management

i. Supports the appended traffic scheme. ii. The traffic scheme be included in Council’s Minor Traffic Facilities Works Programme for implementation. iii. All stakeholders be advised of the outcome.

Item 3 Westlink M7 Motorway Cities Marathon

i. The event be supported and endorsed as an ongoing annual event subject to:  The event be classified as a Class 3 event.  A Road Occupancy application is to be submitted to Transport for NSW Traffic Management Centre (TMC) by the event organiser.  A Special Event Template is to be submitted with a Traffic Management Plan (TMP) including a Traffic Control Plan (TCP) to Council, Police and the TMC for consideration.  The applicant is to meet conditions specified by Council, Police, RMS and the TMC.  The event organiser is to submit a Schedule 1 Form (application to hold a Public Assembly) to Liverpool Police.

Item 4 Main Street, Carnes Hill (Holy Spirit School) – Proposed Marked Pedestrian Crossing

i. Supports the proposed permanent marked pedestrian crossing (incorporating an existing children’s crossing) in Main Street, Carnes Hill.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 49

ii. Supports installation of the required line marking. iii. The Principal of Holy Spirit School is advised accordingly.

Item 5 Elizabeth Hills – Proposed Bus Route and Bus Stops

i. Supports the following proposed bus routes in Elizabeth Hills: a. Turn left from Feodore Drive into Newgate Boulevard b. Left from Newgate Boulevard into Rosebank Avenue c. Turn left from Rosebank Avenue into Gowanlea Avenue d. Turn left from Gowanlea Avenue into Regentville Drive e. Turn left from Regentville Drive into Aviation Drive towards Valley Plaza. ii. Request the bus company to undertake further investigation and liaise with the affected residents of the proposed bus stop along Newgate Boulevard and Council for an appropriate bus stop location to be identified. iii. The bus stops to include appropriate facilities in accordance with DDA requirements. iv. All stakeholders be advised of the outcome.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 50

ITEM NO: CTTE 15 FILE NO: 177999.2014 SUBJECT: Street Naming Committee Meeting 5 August 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Street Naming Committee Meeting held on 5 August 2014.

2. Advertises and if no objections are received Gazettes the names Eyre Avenue, Oxley Road and Wentworth Avenue for use in Edmondson Park.

3. Advertise and if no objections are received Gazettes the name Range Road in Cecil Park.

4. Writes to residents in Moorebank east of Nuwarra Road to consult with them about a possible suburb name change.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 51

ITEM NO: CTTE 16 FILE NO: 180560.2014 SUBJECT: Liverpool Sports Committee Minutes of Meeting 29 May 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool City Sports Committee meeting held on 29 May 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 52

ITEM NO: CTTE 17 FILE NO: 181744.2014 SUBJECT: Minutes of Badgerys Creek Airport Taskforce meeting held 6 August 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Badgerys Creek Airport Taskforce Meeting held on 6 August 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 53

ITEM NO: CTTE 18 FILE NO: 182405.2014 SUBJECT: No Intermodal Committee Meeting Minutes 5 August 2014

RECOMMENDATION

That Council receives and notes the Minutes of the No Intermodal Committee Meeting held on 5 August 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 54

ITEM NO: CTTE 19 FILE NO: 186307.2014 SUBJECT: Minutes of the Budget and Finance Committee 6 August 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 6 August 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 55

CORRESPONDENCE REPORTS

ITEM NO: CORR 01 FILE NO: 076538.2014 SUBJECT: Incoming and Outgoing Correspondence Report

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded:Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 56

ITEM NO: CORR 02 FILE NO: 076535.2014 SUBJECT: Incoming and Outgoing Correspondence Report

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded:Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 57

QUESTIONS WITH NOTICE

ITEM NO: QWN 01 FILE NO: 173510.2014 SUBJECT: Question with Notice - Clr Harle

As part of DA-1454/2013 Hume Hwy Hotel Casula, the proponents have indicated their intention if the DA is approved by this Council, to remove the Commercial hotel’s liquor license and poker machine allocation to their new development in Casula.

1. Would the Council’s CEO urgently obtain from the owners of the Commercial hotel their intentions of its future use in regard to preserving the building of heritage importance that has been identified by Council in the following report;

http://www.liverpool.nsw.gov.au/__data/assets/pdf_file/0014/3155/The-Heritage- Strategy-for-the-City-of-Liverpool-2011-2014.pdf (see p12)

A meeting was attended by Council officers and the owners of the Commercial Hotel on 19 June 2013. This meeting discussed adaptively reusing the Commercial Hotel as part of a development in the vicinity. There was no specific discussion on the adaptive reuse of the Commercial Hotel However, because heritage listing of the building would have to be retained.

Any proposed development on a heritage listed site requires a stringent assessment to ensure the fabric of the historic item(s) is maintained, to allow the item to benefit the wider community. Any development must address the heritage aspects of the property, and should not detract from the historic fabric of the item.

Any DA will need to include a Heritage Impact Statement. A Heritage Impact Statement should contain a Statement of Cultural Significance, a physical inspection of the site and graphical evidence, noting any planned changes, and a review of applicable legislation. Any work should also be submitted with a Statement of Heritage Impact (SOHI).

2. Would the CEO advise Councillors of the steps required to urgently seek the listing of Commercial hotel as being of State heritage significance given it is apparently one of the last virtually intact examples of a 19th century hotels in the larger area. See http://www.weekendnotes.com/the-lost-pubs-of-liverpool- new-south-wales/ .

The listing on the State Heritage Register is an onerous process, and only places considered to be of significance to the state are included on this register. Whilst the State Heritage Inventory (local listing information) for the Commercial Hotel notes the place to be of ‘state’ significance there is currently no historical information to suggest that the Commercial Hotel would attain the level of significance required to be included on the State Heritage Register. The listing process usually takes about 6 months, depending on the workload of the Heritage Division, although it can take considerably longer.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 58

The process for listing on the State Heritage Register is as follows:

1. Complete the State Heritage Register Nomination Form. This will include: a. detailed research into the history of the hotel; b. physical analysis to understand the integrity of the hotel; c. comparative analysis to understand the rarity of the hotel state-wide; d. Assessment of significance and preparation of a concise Statement of Significance; e. Definition of the curtilage of the hotel; and f. Determining the thematic context of the hotel.

2. Submit the completed nomination form to the Heritage Division (1 signed hard copy and 1 electronic copy of all documentation including form, photographs, maps, plans, etc). The nomination should be sent to:

The Director Heritage Division NSW Office of Environment and Heritage Locked Bag 5020 Parramatta NSW 2124

Soft copies can be emailed to: [email protected]

Copies of the guidelines and nomination form for the preparation of State Heritage Register nominations can be provided if required.

3. Would the CEO also ask the owners (and possibly future owners - if known) of the Commercial hotel, what effective fire protection measures they have in place to ensure the substantial heritage significance of this building to the people of NSW and Western Sydney LGA can be retained and assured.

In regards to Fire Safety measures, there is no specific legislation for the protection of Heritage Significant buildings. The protection measures must be based on the current and future use of the building in question.

The measures currently in place for this property include;

 Emergency lighting  Exit signs  Lightweight construction fire rating of walls  Portable Fire Extinguishers  Fire doors  Fire Hose Reels System  Smoke Detectors and Heat Detectors

This is deemed appropriate in terms of the Building Code of Australia.

4. Since the Carbon Tax has been abolished/repealed, can Council detail the effects on Councils’ 2014-15 budget and the overall savings. The repealing of legislation that gave effect to Carbon Price Mechanism (CPM)

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 59

became effective from 1st July 2014.

On implementation, the CPM impacted both directly and indirectly on the following four major groups of Councils income and expenditure.

i. Rates Income: The Independent Pricing & Regulatory Tribunal (IPART) included in the 2012/13 rate peg a component for a carbon price advance of 0.4%. The rate pegs for 2013/14 and 2014/15 included negative adjustments of 0.1% and 0.3% respectively. The Council envisages that there will be no forward year budget impacts from abolition of CPM. However, is dependent on the position IPART takes when setting rate peg for 2015/16. ii. Electricity Costs – The Council has budgeted $4.586 million in 2014/15 for electricity charges. This is inclusive of estimated $1.7 million for electricity infrastructure (poles & wires) costs which does not have any carbon tax component. The Council estimates about $335k reduction in electricity charges resulting from abolition of carbon tax. However, increase in electricity usage due to installation of additional street lights in the LGA and security lighting in CBD area is expected to surpass this potential budget savings. iii. Materials & Contracts – The Council anticipates suppliers to adjust their prices for carbon tax, however, has no control over their pricing structure and strategy. As the carbon tax component pass through charge was not visible on supplier invoices, it’s difficult at this stage to quantify Council’s budget savings from any reduction in prices for construction materials. In 2011, IPART estimated the impact of carbon tax for road, footpath, kerbing, drainage and building materials at 0.45%.The Council in 2014/15 budgeted $50.646 million for general materials cost. Using the IPART percentage and subject to suppliers passing their cost savings, the Council estimates a budget savings of $503k. iv. Waste Management – Statistics on domestic waste collection show that 46,747 tonnes of waste was collected in 2013/14 and sent to landfill. The Councils contractor, on average, passed through a carbon tax charge of $9.50 per tonne. Based on this, the Council estimates $444k of cost savings in 2014/15. ACCC expects Councils to pass this cost savings to the ratepayers. Council will review its DWM Reserve and funding needs for its future domestic waste management plans and make appropriate adjustments when setting 2015/16 DWM fees.

These areas will be closely monitored and any savings realized will be recognised in quarterly reviews.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 60

ITEM NO: QWN 02 FILE NO: 173514.2014 SUBJECT: Question with Notice - Clr Shelton

With respect to 'Liverpool Listens' please provide the following:

1. Current number of enrolments and if available:

3764 people have visited the Liverpool Listens site since its launch in May this year. Of these, 3682 have then looked at a specific project. Further analytics can be provided about how people have interacted with the site. However the detail on location, age or gender difference can only be provided for the people who have registered.

There are currently 127 people registered on Liverpool Listens as at 4/8/14.

a) breakdown between North and South Wards

North Ward 57 South Ward 58 Out of LGA 5 (Please note that not everyone responded to this question)

b) breakdown between females and males;

Females 73 Males 54

c) breakdown according to age bracket.

16-24 years 6 25-35 years 27 36-45 years 39 46-55 years 26 56-65 years 18 65+ years 10 126

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 61

2. Breakdown according to areas of interest as nominated by respondents.

Area of Interest Count % of responses New infrastructure (parks, playgrounds, community facilities, 104 17% major roads and drainage projects) Council plans or policies (e.g. Growing Liverpool 2023, Delivery Program and Operational Plan and Budget, Liverpool 89 14% Local Environment Plan, Community Engagement Policy) Proposed community projects or initiatives 99 16% Council activities and events (e.g. Night Markets, Australia 90 15% Day, New Year's Eve events) Community groups (e.g. Families, children, young people and 74 12% diverse communities) General community issues (e.g. affordable housing, parking 78 13% and waste management services) Council services (e.g. libraries, museum, children's services, 82 13% Casula Powerhouse Arts Centre and maintenance) 616 100%

(Please note that multiple responses were allowed for this question)

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 62

ITEM NO: QWN 03 FILE NO: 156738.2014 SUBJECT: Question with Notice - Clr Stanley

Please address the following:

1. Have staff had an opportunity to look at the ramifications of changes and funding cuts in the Federal Budget?

Yes, please see details below in point 2.

2. Can I be advised what the budget will mean for:

a) The Pensioner rate subsidies?

At this stage, details regarding percentage decrease in pensioner rate subsidies are not known. Assuming a reduction of 15% (effectively putting subsidy at 40%), the financial impact on Council is estimated at $282k.

b) Road upgrades and works for the next budget.

The decision by the Australian government to continue the Roads to Recovery Program means that Council can continue to deliver its road pavement renewal, replacement and resurfacing program, which has over the years seen a significant improvement to council’s road network.

However, the flatlining of the Federal Assistance Grants announced in the Federal Budget means that annual funding is being significantly eroded in real terms and is discussed in detail below.

c) Any other known changes that may affect ratepayers or Liverpool plans or projects.

The 2014/15 budget assumed a 3% indexation to actual $9m Financial Assistance Grants received in 2013/14. The Grants Commission NSW has not released any information re 2014/15 FAG to-date, however, indications are that there will be negative adjustments. In a worst case scenario, the general purpose component of FAG may reduce by 5%, whilst the local roads component may increase by 1.5% - resulting in net $353,986 decrease in grant to Council, calculated as follows:

Likely Financial Impact Impact General purpose $7,673,126 -5% ($383,656) Local roads component $1,978,004 +1.5% $29,670 Totals $9,651,130 ($353,986)

On this basis, the 2014/15 budget impact will be $643,520.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 63

Both Federal and State Governments are facing budget pressures and are reviewing all their programs. Program cuts may have flow-on effect on grant funding to the Council. At this stage, no information is available.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 64

ITEM NO: QWN 04 FILE NO: 190290.2014 SUBJECT: Question with Notice - Clr Hadchiti

Council currently has a Design Review Panel in place which assesses designs on particular applications and makes a recommendation to the assessing officers.

1. Has long have the current members been on this panel?

2. How many applications have been though the panel over the last 6 months?

3. Generally how much time is added to the assessment of a DA because of this process?

4. Are detailed notes kept and circulated to all parties involved in this process?

5. Do Council Officers generally make submissions to the DRP if they don’t agree with the DRP recommendations?

Council’s Commercial Properties

Can a list please be provided of any vacant council owned commercial properties and the strategy used to find a suitable tenant?

A response to these questions will be provided in the September Business papers.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 65

ITEM NO: QWN 05 FILE NO: 190382.2014 SUBJECT: Question with Notice - Clr Shelton

The following, on the topic of customer service, is quoted word for word from the final comments of the former Acting CEO, Mr Rob NOBLE, made during the June 2014 Council Meeting, being the last council meeting in which he was in attendance prior to his departure:

“Mr Mayor, the reason that I've made those suggestions to adjust those number of days for response is when I was here after only a very short time, I had a look at the statistics of the performance of the organisation in responding to Councillor action requests and it was roughly 50%. 50% achievement of responding to Mayoral requests within 2 days and Councillor requests within 5...I'm just suggesting to you and I've had conversations with several of the Councillors about the existing customer service arrangements and I believe that by putting a higher standard of response time to Councillor and Mayoral requests, then what that's going to do is ultimately and probably already has create and created a two tier customer service system - which is all great for a client who approaches the Mayor or Councillor and gets snappy action maybe at the moment 50% of the time and so that will encourage that person or anyone they speak to do exactly the same thing and so instead of going through what I believe is the most efficient overall system for the bulk of our community of going through the customer services system and having an action request which goes immediately to the relevant officer, we still will end up with a gradually increasingly number of Mayoral and Councillor requests that get dealt with pretty quickly but what's happening then is that every time you have one of those, you are basically s...wing the other 95% of your customers by putting them further down the line...further down the pecking order...”

1. Please outline the actions, executive or otherwise, taken or proposed to be taken to address the concerns of the former Acting CEO, Mr Rob NOBLE.

2. To what extent do any existing motions of Council impede reform and improvement of customer service functions

A response to these questions will be provided in the September Business Papers.

PRESENTATIONS BY COUNCILLORS

Clr Balloot provided a verbal report on his recent trip to China from 20 – 26 June 2014 to attend the APEC SMETC trade mission in Yiwu and Beijing representing Liverpool City Council. Clr Balloot’s intention was to build strong relations with communities in China and the possibility of Sister City programs. Clr Balloot paid for his trip to China.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 66

THE MEETING CLOSED AT 8.06pm.

Name: Ned Mannoun

Title: Mayor

Date: 24 September 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 27 August 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Minutes of the Ordinary Council Meeting held on Wednesday, 27 August 2014 and confirmed on Wednesday, 24 September 2014

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Chairperson 1

MINUTES OF THE ORDINARY MEETING HELD ON 24 SEPTEMBER 2014

PRESENT: Mayor Ned Mannoun Councillor Balloot Councillor Hadchiti Councillor Hadid Councillor Harle Councillor Karnib Councillor Mamone Councillor Ristevski Councillor Shelton Councillor Stanley Councillor Waller Mr Carl Wulff Chief Executive Officer Mr Mathew Walker, Acting Chief Financial Officer Ms Toni Averay, Director Planning and Growth Ms Kiersten Fishburn, Director Community and Culture Mr Gino Belsito, Director City Presentation Ms Julie Scott, Acting Director Economy and Engagement Mr Raj Autar, Director Infrastructure and Environment

The meeting commenced at 6.10pm

OPENING 6.10pm

PRAYER The prayer of the Council was read by Minister Bruce Hammonds from Liverpool Presbyterian Church.

APOLOGIES Nil

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 2

CONDOLENCES

Aunty Heather Thomas

The following information was read by Clr Hadchiti.

The Local Aboriginal Community farewelled late Aunty Heather Thomas on the 15 August 2014. Heather was a local resident and lived for many years in Lurnea and Miller. Heather was the mother of Mr Jamie Thomas a long serving member of Council’s Aboriginal Consultative Committee. Aunty Heather was an active community member, and advocated on Aboriginal issues in our community in relation to Education, Health and Land rights. Aunty Heather had been quite ill for some time and lost her battle on the 10 August, Jamie was Heather’s primary carer. She will be sorely missed. The Aboriginal Consultative Committee Members wish to pass on our condolences to Jamie and his family.

Motion: Moved: Clr Hadchiti Seconded: Clr Shelton

That Council express its deepest condolences for the recent passing of Aunty Heather Thomas and a letter of condolence be sent to her family.

On being put to the meeting the motion was declared CARRIED.

Mr Neil Robert Cox

The following information was read by Mayor Mannoun.

Mr Cox passed away peacefully at Liverpool Hospital on Tuesday 26-8-14, aged 85 years. He was born the second youngest of 9 children on 5-10-1928 in Liverpool Hospital. He attended Prestons Public School and Liverpool Boys High School.

The Cox family settled in Liverpool (from Melbourne) around 1920 and resided at 9 Casula Rd Casula from the early 1920’s until they sold the property in 2010, moving to Prestons. It remained his family home throughout his life until 2010.

He will be sadly missed by his wife of 55 years Margaret (nee Barrett), son Ian & his family (wife Trish, granddaughter Renee and grandson Jon) and daughter Jane & her partner Sue.

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That Council express its deepest condolences for the recent passing of Mr Neil Robert Cox and a letter of condolence be sent to his family.

On being put to the meeting the motion was declared CARRIED.

Motion: Moved: Mayor Mannoun Seconded Clr Hadchiti

That Council observes a one minute silence in honour of the passing of Aunty Heather Thomas and Mr Neil Robert Cox

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 3

CONFIRMATION OF MINUTES

That the minutes of the Ordinary Meeting held on 27 August 2014 be confirmed as a true record of that meeting.

Motion: Moved: Clr Hadid Seonded: Clr Harle On being put to the meeting the motion was declared CARRIED.

DECLARATIONS OF INTEREST

Clr Hadchiti declared a non-pecuniary, less than significant interest in the following Item:

Item DCC 02 Donations, Grants and Sponsorships

Reason: Clr Hadchiti’s children participate in the International Sport Karate Association events, which is one of the proposed sponsorship recipients.

Clr Hadchiti left the Chambers for the duration of this Item.

Clr Hadchiti declared a non-pecuniary, less than significant interest in the following Item:

Item DAD 01 Modification to Development Consent No. DA787/2005 pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979. DA787/2005 was approved by Council for the construction of a residential flat building containing a total of 36 residential units. The modification seeks to convert the western part of Basement Level 1 to provide one (1) additional residential unit comprising 3 bedrooms

Reason: The NSW Liberal Party rented office space from the applicant during the 2012 Council election campaign.

Clr Hadchiti remained in the Chambers for the duration of the meeting.

Clr Balloot declared a non-pecuniary, less than significant interest in the following Item:

Item DAD 01 Modification to Development Consent No. DA787/2005 pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979. DA787/2005 was approved by Council for the construction of a residential flat building containing a total of 36 residential units. The modification seeks to convert the western part of Basement Level 1 to provide one (1) additional residential unit comprising 3 bedrooms

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 4

Reason: The NSW Liberal Party rented office space from the applicant during the 2012 Council election campaign.

Clr Balloot remained in the Chambers for the duration of the meeting.

Clr Mamone declared a non-pecuniary, less than significant interest in the following Item:

Item DAD 01 Modification to Development Consent No. DA787/2005 pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979. DA787/2005 was approved by Council for the construction of a residential flat building containing a total of 36 residential units. The modification seeks to convert the western part of Basement Level 1 to provide one (1) additional residential unit comprising 3 bedrooms

Reason: The NSW Liberal Party rented office space from the applicant during the 2012 Council election campaign.

Clr Mamone remained in the Chambers for the duration of the meeting.

Clr Ristevski declared a non-pecuniary, less than significant interest in the following Item:

Item DAD 01 Modification to Development Consent No. DA787/2005 pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979. DA787/2005 was approved by Council for the construction of a residential flat building containing a total of 36 residential units. The modification seeks to convert the western part of Basement Level 1 to provide one (1) additional residential unit comprising 3 bedrooms

Reason: The NSW Liberal Party rented office space from the applicant during the 2012 Council election campaign.

Clr Ristevski remained in the Chambers for the duration of the meeting.

Clr Hadid declared a non-pecuniary, less than significant interest in the following Item:

Item DAD 01 Modification to Development Consent No. DA787/2005 pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979. DA787/2005 was approved by Council for the construction of a residential flat building containing a total of 36 residential units. The modification seeks to convert the western part of Basement Level 1 to provide one (1) additional residential unit comprising 3 bedrooms

Reason: The NSW Liberal Party rented office space from the applicant during the 2012 Council election campaign.

Clr Hadid remained in the Chambers for the duration of the meeting.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 5

Mayor Mannoun declared a non-pecuniary, less than significant interest in the following Item:

Item DAD 01 Modification to Development Consent No. DA787/2005 pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979. DA787/2005 was approved by Council for the construction of a residential flat building containing a total of 36 residential units. The modification seeks to convert the western part of Basement Level 1 to provide one (1) additional residential unit comprising 3 bedrooms

Reason: The NSW Liberal Party rented office space from the applicant during the 2012 Council election campaign.

Mayor Mannoun remained in the Chambers for the duration of the meeting.

Clr Stanley declared a pecuniary interest in the following Item:

Item DPG 04 Proposed Amendment 38 Liverpool Local Environmental Plan 2008 Phase 3 Land Reclassifications and Rezonings

Reason: Clr Stanley owns property in the vicinity of one of the parks.

Clr Stanley left the Chambers for the duration of this Item.

PUBLIC FORUM

(Presentation – Items not on agenda)

Nil

(Representation – Items on agenda)

Nil

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 6

MOTION OF URGENCY – Appointment of Uncle Stephen Williams as the NSW Delegate for the National Stolen Generation Alliance

Clr Hadchiti requested that a motion relating to the above matter be dealt with at this meeting as a matter of urgency.

Mayor Mannoun ruled that the proposed business is of great urgency and on being put to the meeting, Council in accordance with Clause 14(2)(a) of the Code of Meeting Practice resolved to deal with the matter at this meeting.

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That Council

Congratulate Uncle Stephen Williams our current Citizen of the Year who was recently appointed as the NSW delegate for the National Stolen Generation Alliance – the peak body for Aboriginal Stolen Generations. Uncle Stephen Williams is 1 of 2 NSW delegates and the only Aboriginal delegate for NSW.

Uncle Stephen Williams has for many years made and continues to make a valuable contribution to the Liverpool LGA.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 7

MAYORAL MINUTE

Subject: Donation to the Lawrence family

It was recently brought to my attention by Kerrie Oxlade, President of the Quota Club and June Young, the club’s secretary, that three young local boys Jarrod, Blake, and Dylan Lawrence, ages 19, 16 and 14 respectively have tragically lost both their parents leaving the burden of responsibility for raising the two younger boys to Jarrod the eldest.

These are obviously heartbreaking circumstances for anyone let alone three boys who have their whole lives ahead of them. I understand that Jarrod is currently studying full time to be a primary school teacher while he works part time for a disability organisation. Young Dylan had a tumour removed from his brain two years ago and still needs constant supervision.

From this position of adversity, the boys who live at Wattle Grove have received heart- warming support from the community. A Current Affair, raised awareness when they featured the boys on their television show and enough money was subsequently raised to pay off their mortgage and medical bills.

The Quota Club of Liverpool has requested that Liverpool Council help the boys by adjusting the rates on the Wattle Grove property to the same level as a pensioner rate until such time as the youngest boy is able to commence work. However I believe that Council would support more generous support.

RECOMMENDATION:

That Council:

1. Approves a donation of $6,000 from the Council reserve to be credited against the rates and annual charges for the home of the Lawrence boys commensurate with the value of Council’s full rates per quarter for four years, effective immediately.

2. Expresses its deepest condolences for the recent passing of Mrs Lawrence in tragic circumstances and a letter of condolence be sent to her sons.

3. Thanks the Quota Club of Liverpool for bringing the plight of the Lawrence boys to Council’s attention and a letter of thanks be sent to the president of Quota Club.

Motion: Moved: Mayor Mannoun

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 8

NOTICES OF MOTION

ITEM NO: NOM 01 FILE NO: 212915.2014 SUBJECT: Lighting Pedestrian Crossing

NOTICE OF MOTION

That Council:

1. Fund the assessment and installation of street lighting at the pedestrian crossing to an appropriate standard out of the Councillor Reserve as soon as possible.

2. Contact the relevant Local Area Command to assist with the enforcement of road rules in this area.

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Stanley

In response to community representations to the Mayor’s office concerning speeding cars and pedestrian safety on Napier Avenue Lurnea, Council resolves to:

1. Conduct traffic counts on Napier Avenue

2. Assess opportunities for speed reduction measures

3. Review and upgrade night lighting at intersections and pedestrian crossings if required.

4. Report findings and recommendations to Liverpool Traffic Committee and local police command.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 9

ITEM NO: NOM 02 FILE NO: 215418.2014 SUBJECT: Wattle Grove Lake

NOTICE OF MOTION

That Council:

1. Allocate $20,000 from Council Reserves to maintenance works, which are not classed as routine maintenance, at Wattle Grove Lake.

2. Report back to a briefing session progress updates and if any extra funds are required.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the Item be deferred to the October Council meeting for a report to be brought back on a proper understanding of the amount of funds required at Wattle Grove Lake.

Foreshadowed Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That Council:

1. Allocate $40,000 from Council Reserves to maintenance works, which are not classed as routine maintenance, at Wattle Grove Lake.

2. Draft a works plan for any other requirements in the vicinity of Wattle Grove Lake and report back to a Councillor Briefing Session.

3. Report back to a Councillor Briefing Session with progress updates and if any extra funds are required.

On being put to the meeting the motion (by Clr Stanley) was declared LOST. The foreshadowed motion (by Clr Hadchiti) then became the motion and on being put to the meeting was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 10

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Mamone Clr Ristevski Clr Waller

Vote against: Clr Karnib Clr Shelton Clr Stanley

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 11

ITEM NO: NOM 03 FILE NO: 215465.2014 SUBJECT: John Edmondson VC Statue

NOTICE OF MOTION

That Council:

1. Request from the developer of Edmondson Park that they make available a prominent position for the erection of bronze statue and citation plaque within the town centre and a financial contribution towards the statue.

2. If 1 is not forthcoming, request permission from the State Government to erect the statue within the rail station forecourt.

3. Seek funding from the Federal Governments 'Saluting their Service ' commemorative grants scheme and any grant funding from the State or Federal Government or local associations/clubs.

4. Contribute $20,000 initially from the Council Reserve towards the statue.

5. Report back to a Councillor Briefing Session in due course on any progress.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Shelton

That Council:

1. Request from the developer of Edmondson Park that they make available a prominent position for the erection of bronze statue and citation plaque within the town centre and a financial contribution towards the statue.

2. If 1 is not forthcoming, request permission from the State Government to erect the statue within the rail station forecourt.

3. Seek funding from the Federal Governments 'Saluting their Service' commemorative grants scheme and any grant funding from the State or Federal Government or local associations/clubs.

4. Erect a statue to celebrate Mr Les Walters in the Les Walters Estate as a sign of respect for Les Walters service as a local Aboriginal person who served as a fighter pillot in World War Two

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 12

5. Contribute $30,000 initially from the Council Reserve towards the statues.

6. Report back to a Councillor Briefing Session in due course on any progress.

Amendment: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Request from the developer of Edmondson Park that they make available a prominent position for the erection of bronze statue and citation plaque within the town centre and a financial contribution towards the statue.

2. If 1 is not forthcoming, request permission from the State Government to erect the statue within the rail station forecourt.

3. Seek funding from the Federal Governments 'Saluting their Service ' commemorative grants scheme and any grant funding from the State or Federal Government or local associations/clubs.

4. Contribute $20,000 initially from the Council Reserve towards the statue.

5. Report back to a Councillor Briefing Session in due course on any progress.

6. Prepare a report for the next Council meeting giving the history of Len Walters in order for it to be acknowledged on the Council records including the erection of a statue and associated funding.

On being put to the meeting the Amendment (by Clr Hadchiti) was declared CARRIED.

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Mamone Clr Ristevski Clr Shelton Clr Stanley

Vote against: Clr Karnib Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 13

BRING FORWARD AN AGENDA ITEM

Motion: Moved: Mayor Mannoun Seconded:Clr Hadchiti

That Items CFO 07 and CFO 08 be brought forward and heard now.

On being put to the meeting the motion was declared CARRIED

ITEM NO: CFO 07 FILE NO: 205880.2014 SUBJECT: Referral of Council's 2013/2014 Financial Reports to Audit

RECOMMENDATION

That Council refers the draft financial reports for audit by completing the attached statements.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 14

ITEM NO: CFO 08 FILE NO: 204683.2014 SUBJECT: Election of Deputy Mayor

RECOMMENDATION

That Council proceeds with the election of the Deputy Mayor to be conducted by the Returning Officer.

COUNCIL DECISION

Motion: Moved:Clr Hadchiti Seconded: Clr Waller

That Council proceeds with the election of the Deputy Mayor by open voting.

On being put to the meeting the motion was declared CARRIED.

Election of Deputy Mayor

Nominations were called for the position of Deputy Mayor by the Chief Executive Officer as the Returning Officer .

Nominees for Deputy Mayor:

Clr Karnib 4 votes Clr Ristevski 7 votes

Clr Ristevski was declared Deputy Mayor by 7 votes to 4.

Division called:

Votes for Clr Karnib: Clr Karnib Clr Shelton Clr Stanley Clr Waller

Votes for Clr Ristevski: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Mamone Clr Ristevski

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 15

Clr Hadid left the Chambers at 7.08pm

Clr Hadid returned to the Chambers at 7.10pm

DEVELOPMENT APPLICATION DETERMINATION REPORT

ITEM NO: DAD 01 FILE NO: 201137.2014 SUBJECT: Modification to Development Consent No. DA787/2005 pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979. DA787/2005 was approved by Council for the construction of a residential flat building containing a total of 36 residential units. The modification seeks to convert the western part of Basement Level 1 to provide one (1) additional residential unit comprising 3 bedrooms

RECOMMENDATION

That Council approves Section 96 Modification Application No. DA-787/2005/C for the conversion of the western part of Basement Level 1 to provide one additional residential unit comprising of 3 bedrooms, subject to recommended and modified conditions of consent contained within Attachment 4 of this report.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That Council approves Section 96 Modification Application No. DA-787/2005/C for the conversion of the western part of Basement Level 1 to provide one additional residential unit comprising of 3 bedrooms, subject to recommended and modified conditions of consent contained within Attachment 4 and Attachment 5 of this report.

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Harle Clr Mamone Clr Ristevski

Vote against: Clr Hadid Clr Karnib Clr Shelton Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 16

Mayor Mannoun left the Chambers at 7.12pm and Clr Ristevski took the Chair.

CHIEF EXECUTIVE OFFICER REPORT

ITEM NO: CEO 01 FILE NO: 207389.2014 SUBJECT: Local Government Chief Officers' Group

RECOMMENDATION

That Council:

1. That Council endorse the Chief Executive Officer, Mr Carl Wulff attendance at Local Government Chief Officers’ Group meetings.

2. That Council approve all accommodation and travel costs associated with the Local Government Chief Officers’ Group meetings

3. That costs incurred for attendance at the Local Government Chief Executive Officer’s Group be allocated to the Learning and Development budget.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 17

CHIEF FINANCIAL OFFICER

ITEM NO: CFO 01 FILE NO: 182564.2014 SUBJECT: Councillor Access to Information and Interaction with Staff Policy

RECOMMENDATION

That Council adopts the revised Councillor Access to Information and Interaction with Staff Policy.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the Councillor Access to Information policy be referred to the CEO for review.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 18

Clr Balloot left the Chambers at 7.20pm.

ITEM NO: CFO 02 FILE NO: 183175.2014 SUBJECT: Review of Code of Meeting Practice - Webcasting

RECOMMENDATION

That Council:

1. Receives and notes this report;

2. Gives public notice of the revised Code;

3. Places the revised Code on exhibition for a period of 28 days;

4. Receives submissions for a period of not less than 42 days after the date on which the revised Code is placed on public exhibition;

5. Be provided with a further report following the receipt and review of any public submissions to the Code.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That Council:

1. Notes this report and defers action until such time as:

a) Independent legal advice has been obtained and provided to Councillors by an experienced legal practitioner in matters of electronic media and web-casting (under confidential cover as necessary).

2. Legal advice should include but not be limited to:

i. Potential liabilities for Councillors

ii. Restriction of use of broadcast (is it possible and under what circumstances)

iii. Use of images by Council, Councillors and third parties and when such use is acceptable.

iv. Suggested changes for the Code of Meeting Practice to address any suggestions made as a result of the advice.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 19

3. Reports amendments to the Code of Meeting Practice which addresses the legal advice obtained to the next Council meeting. These amendments should detail what is acceptable (and what is not) and to whom delegation is given to approve any access and further details how such a policy will be administered and reported to Council.

Foreshadowed Motion: Moved: Clr Mamone Seconded: Clr Shelton

That Council receives and notes the report.

On being put to the meeting the motion (by Clr Stanley) was declared LOST. The foreshadowed motion (by Clr Mamone) then became the motion, and on being put to the meeting was declared CARRIED.

Clr Balloot returned to the Chambers at 7.21pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 20

Mayor Mannoun returned to the Chambers at 7.22pm.

ITEM NO: CFO 03 FILE NO: 183491.2014 SUBJECT: Web Streaming of Council Meetings

RECOMMENDATION

That Council:

1. Receive and note report and endorse the implementation of web streaming of Council meetings.

2. That Council delegates the selection process to Council’s Manager Information Management and Manager Council and Executive Services.

3. Council’s current audio equipment and high quality screens be re-used.

4. That Council be updated on implementation process and planned go live date once solution provider has been selected.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Shelton

That Council receive and note the report.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 21

ITEM NO: CFO 04 FILE NO: 198192.2014 SUBJECT: Legal Affairs Report

RECOMMENDATION

That Council consider the report of staff concerning Legal Affairs in Closed Council pursuant to section 10A(2)(c), 10A(2)(d)(ii), and 10A(2)(g) of the Local Government Act 1993.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Stanley

That this matter be dealt with in Closed Session at the end of the meeting.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 22

ITEM NO: CFO 05 FILE NO: 202064.2014 SUBJECT: Oakvale Capital Limited - Legal Claim

RECOMMENDATION

That Council consider the report of staff concerning a legal claim against Oakvale Capital Limited in Closed Council pursuant to section 10A(2)(c), 10A(2)(d)(ii), and 10A(2)(g) of the Local Government Act 1993.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Waller

That this matter be dealt with in Closed Session at the end of the meeting.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 23

ITEM NO: CFO 06 FILE NO: 204355.2014 SUBJECT: Investment Report August 2014

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 24

ITEM NO: CFO 09 FILE NO: 204729.2014 SUBJECT: Appointment of Councillors to Committees and Affiliated Bodies RECOMMENDATION

That Council:

1. Appoints Councillors as representatives to the following Committees for the period to September 2015: a. Aboriginal Consultative Committee b. Badgerys Creek Taskforce c. Budget and Finance Committee d. Building our New City e. Casula Powerhouse Arts Centre Board f. Economic Development and Events g. Environment Advisory Committee h. Ethics and Audit Committee i. Floodplain Management Committee j. Heritage Advisory Committee k. Liverpool Access Committee l. Liverpool Sports Committee m. Master Plan Steering Committee n. Multicultural Advisory Committee o. No Intermodal Committee p. Order of Liverpool Awards Committee q. Street Naming Committee r. Warwick Farm Racing Precinct Steering Committee s. Youth Council

2. Appoints Councillors as representatives to the following community committees and affiliated bodies and notifies of their representatives for the period to September 2015: a. Westpool b. Western Sydney Regional Organisation of Councils c. Liverpool Migrant Resource Centre d. Macarthur/Liverpool Community Relations Commission Regional Advisory Council e. Georges River Combined Councils Committee f. The South West Sydney Academy of Sport g. Joint Regional Planning Panel h. Liverpool Traffic Committee i. Macarthur Bushfire Management Committee j. Macarthur Zone Bushfire Liaison Committee k. NSW Metropolitan Public Libraries Association l. Floodplain Management Association

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 25

COUNCIL DECISION

Motion: Moved: Clr Balloot Seconded: Clr Ristevski

That Council moves:

1. The following appointments and changes to External and Internal Committees and Affiliated Bodies.

2. Amends Committee charters to reflect changes to composition and quorums as noted.

3. For internal Council Committees note that all Councillors are entitled to attend, speak and participate in Committee deliberations.

COUNCIL COMMITTEES:

Australia Day Awards - Mayor Ned Mannoun or delegate and Deputy Mayor or delegate.

Aboriginal Consultative Committee – Councillor Tony Hadchiti and Councillor Geoff Shelton.

Badgerys Creek Taskforce – Mayor Ned Mannoun, Deputy Mayor, Councillor Mazhar Hadid, Councillor Tony Hadchiti, Councillor Sabrina Mamone, Councillor Gus Balloot, Councillor Ali Karnib and Councillor Wendy Waller as an alternate.

Amend the charter to reflect membership of Mayor and six Councillors and a quorum of two Councillors.

Budget and Finance Committee – Mayor, Deputy Mayor, Councillor Mazhar Hadid, Councillor Sabrina Mamone, Councillor Gus Balloot, Councillor Geoff Shelton and Councillor Peter Harle.

Amend the charter to reflect membership of Mayor and six Councillors and a quorum of two Councillors.

Building Our New City - Mayor, Deputy Mayor, Councillor Mazhar Hadid, Councillor Sabrina Mamone, Councillor Gus Balloot, Councillor Geoff Shelton and Councillor Peter Harle.

Amend the charter to reflect membership of Mayor and six Councillors and a quorum of two Councillors.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 26

Casula Powerhouse Arts Centre Board – Councillor Mazhar Hadid and Councillor Wendy Waller.

Economic Development and events Committee – Mayor, Deputy Mayor, Councillor Mazhar Hadid, Councillor Sabrina Mamone, Councillor Gus Balloot, Councillor Geoff Shelton and Councillor Peter Harle.

Amend the charter to reflect membership of Mayor and six Councillors and a quorum of two Councillors.

Environmental Advisory Committee – Councillor Peter Harle and Councillor Sabrina Mamone.

Ethics and Audit Committee – Deputy Mayor, Councillor Mazhar Hadid, Councillor Peter Harle.

Heritage Advisory Committee – Councillor Mazhar Hadid.

Liverpool Access Committee – Councillor Wendy Waller.

Liverpool Sports Committee – Mayor Ned Mannoun and delegate Councillor Mazhar Hadid and Councillor Gus Balloot.

Master Plan Steering Committee - Mayor Ned Mannoun, Deputy Mayor, Councillor Mazhar Hadid, Councillor Tony Hadchitti, Councillor Gus Balloot and Councillor Peter Harle.

Amend the charter to reflect membership of Mayor and five Councillors and a quorum of two Councillors.

Multicultural Advisory Committee – Councillor Peter Ristevski, Councillor Tony Hadchitti and Councillor Gus Balloot.

Amend the charter to reflect membership of three Councillors and a quorum of two Councillors.

No Intermodal Committee – Mayor Ned Mannoun or delegate Councillor Tony Hadchiti and Councillor Peter Harle.

Amend charter to reflect quorum of two Councillors.

Order of Liverpool Committee – Mayor Ned Mannoun, Deputy Mayor, Councillor Peter Harle and Councillor Mazhar Hadid.

Amend the charter to reflect membership of Mayor , Deputy Mayor and two Councillors and a quorum of two Councillors.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 27

Street Naming Committee – Mayor and Deputy Mayor.

Warwick Farm Racing Precinct Steering Committee – Deputy Mayor and Councillor Tony Hadchitti.

Amend the charter to reflect membership Deputy Mayor and one Councillors and a quorum of one Councillor.

Youth Council – Mayor Ned Mannoun or delegate being Councillor Sabrina Mamone, Councillor Peter Harle and Councillor Tony Hadchitti

Amend the charter to reflect membership of Mayor or delegate and two Councillors and a quorum of two Councillors.

EXTERNAL AND AFFILIATED BODIES:

Westpool - The Mayor or delegate Deputy Mayor.

Western Sydney Regional Organisation of Councils (WSROC) – Councillor Tony Hadchiti and Councillor Gus Balloot.

Liverpool Migrant Resource Centre – Deputy Mayor, Councillor Gus Balloot and alternate Councillor Ali Karnib.

Macarthur/Liverpool Community Relations Commission Regional Advisory Council – Councillor Mazhar Hadid.

Georges River Combined Councils Committee – Councillor Peter Ristevski and Councillor Peter Harle.

The South West Sydney Academy of Sport – Councillor Peter Ristevski.

Joint Regional Planning Panel – Councillor Gus Balloot and Councillor Tony Hadchiti. Councillor Peter Harle as alternate.

Traffic Committee – The Mayor or delegate Councillor Tony Hadchitti.

Macarthur Bushfire Management Committee – Councillor Peter Harle.

Macarthur Zone Bushfire Liaison Committee – Councillor Peter Harle.

NSW Metropolitan Public Libraries Association – Councillor Mazhar Hadid.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 28

Floodplain Management Association - Councillor Peter Harle.

On being put to the meeting the motion was declared CARRIED.

Clr Stanley and Clr Karnib asked that they be recorded as voting against the motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 29

ITEM NO: CFO 10 FILE NO: 204921.2014 SUBJECT: Resident Hardship Issue - Sirius Road, Voyager Point

RECOMMENDATION

That Council consider the report of staff concerning the personal hardship of a resident or ratepayer in Closed Council pursuant to s.10A(2)(b) and s.10A(2)(g) of the Local Government Act 1993.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Shelton

That the Item be dealt with in Closed Session at the end of the meeting.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 30

ITEM NO: CFO 11 FILE NO: 208741.2014 SUBJECT: Proposed disposal of Lot 346 DP 878072, Lot 346 Binnaway Avenue, Hoxton Park

RECOMMENDATION

That Council:

1. Approves the sale of Lot 346 DP 878072, Lot 346 Binnaway Avenue, Hoxton Park, to the adjoining owner for the price and terms outlined in the confidential attachment;

2. Keeps confidential the attachment supplied under separate cover containing the purchase price, pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business;

3. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision; and

4. Transfers the net proceeds from the sale to the Property Development Reserve.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 31

ITEM NO: CFO 12 FILE NO: 209735.2014 SUBJECT: Australia Day Award Recipients Policy Amendment

RECOMMENDATION

That Council adopt the proposed Australia Day Award Recipients Policy attached to this report.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Ristevski

That Council:

1. Adopt the proposed Australia Day Award Recipients Policy attached to this report.

2. Officers prepare a report adding a new category of award for ‘small business’ in Liverpool.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 32

CITY PRESENTATION REPORT

ITEM NO: DCP 01 FILE NO: 198304.2014 SUBJECT: Joint Tender T37-14, Receipt and Processing of Household Clean Up Material

RECOMMENDATION

That Council:

1. Declines to accept any of the tenders received for Tender T37-14, Receipt and Processing of Household Clean Up Material.

2. Proceed with trialing the bulka bag initiative for cost savings and increased resource recovery of the household clean up material.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 33

COMMUNITY AND CULTURE REPORT

ITEM NO: DCC 01 FILE NO: 201210.2014 SUBJECT: Financial Contributions Panel Charter

RECOMMENDATION

That Council endorse the Draft Financial Contributions Panel Charter (attached).

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Ristevski

That Council endorse the Financial Contributions Panel Charter attached to this report subject to the inclusion of the following additional Clause under Clause 7 “Panel Delegations”:

“7.4: Outside of Financial Contributions Panel meetings the Mayor in consultation with the CEO has delegated authority to approve urgent funding requests of up to $2000 in cash or kind. Such approvals are to be reported to the financial Contributions Panel at the next meeting.”

On being put to the meeting the motion was declared CARRIED.

Clr Shelton asked that he be recorded as voting against the motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 34

Clr Hadchiti left the Chambers at 7.42pm.

ITEM NO: DCC 02 FILE NO: 213756.2014 SUBJECT: Donations, Grants and Sponsorships

RECOMMENDATION

That Council:

1. Endorses the Financial Contributions Panel's recommendations for the provision of $14,554 under the 2014/15 Corporate Sponsorship Program as summarised in the table below:

Applicant name Amount International Sport Karate Association $6,054 Friends of Fiji (FA) Inc. $2,500 on the condition that the 2014 awards ceremony be held in Liverpool Southern District Soccer Football Association $5,000 Share Care $1,000

2. Approves funding of $14,554 from the Council Reserve to be allocated towards the Corporate Sponsorship Program.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Stanley

That Council:

1. Endorses the Financial Contributions Panel's recommendations for the provision of $14,554 under the 2014/15 Corporate Sponsorship Program as summarised in the table below:

Applicant name Amount International Sport Karate Association $6,054 Friends of Fiji (FA) Inc. $2,500 Southern District Soccer Football Association $5,000 Share Care $1,000

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 35

2. Approves funding of $14,554 from the Council Reserve to be allocated towards the Corporate Sponsorship Program.

3. Should an event be cancelled all sponsorship funds provided be returned to Council.

On being put to the meeting the motion was declared CARRIED.

Clr Hadchiti returned to the Chambers at 7.46pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 36

INFRASTRUCTURE AND ENVIRONMENT REPORT

ITEM NO: DIE 01 FILE NO: 203698.2014 SUBJECT: Bus Shelters in Liverpool LGA - Options for the provision of new bus shelters

RECOMMENDATION

That Council:

1. Notes the contents of this report.

2. Authorises the calling of tenders for the supply of bus shelters, with alternatives comprising supply and installation only, as well as supply, installation and ongoing maintenance in return for controlled advertising rights.

3. Notes that a further report will be submitted following the conclusion of the tender process.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 37

PLANNING AND GROWTH REPORT

ITEM NO: DPG 01 FILE NO: 148269.2014 SUBJECT: Review of arterial road corridors and B6 Enterprise Corridor Zone in the Liverpool Local Environmental Plan 2008

RECOMMENDATION

That Council:

1. Prepares a Planning Proposal to:

a) delete residential uses from being permissible with consent in the B6 Enterprise Corridor,

b) delete Clause 7.15 from the Liverpool LEP 2008,

c) rezone land on the Hume Highway, Casula from B6 Enterprise Corridor to R2 Low Density Residential and R3 Medium Density Residential, and

d) rezone land on Hoxton Park Road, Hinchinbrook and Miller from B1 Neighbourhood Centre to SP2 – Infrastructure; and

2. Forwards the Planning Proposal to NSW Planning and Environment for a Gateway determination.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Waller

That the report be deferred to a Councillor Briefing Session and that staff review the previous Council resolutions on this matter.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 38

ITEM NO: DPG 02 FILE NO: 186920.2014 SUBJECT: Approval for Works-In-Kind Tender for DA-1837/2013

RECOMMENDATION

That Council:

1. Accept the WIK Tender proposal by the developer subject to capping the WIK credit to the amounts indicated on the Liverpool Contributions Plan 2009.

2. Notes that the Director will finalise and sign a WIK agreement in accordance with the delegated authority.

3. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 39

ITEM NO: DPG 03 FILE NO: 206999.2014 SUBJECT: Proposed Installation Of Parking Ticket Machines - Speed Street Car Parks

RECOMMENDATION

That Council defer this item to the October Council meeting to enable further consultation regarding funding and proposed works to be undertaken.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Totally rejects the report to install parking meters in Speed Street Car parks and to resurface the car park.

2. Reiterates the new Council’s position to cease the roll out of parking meters, to turn meters off on weekends and introduce free 15 minutes parking on all parking meters as part of the Mayor and Council’s policy to make parking a fairer deal in Liverpool.

3. Refers the Speed street car park site to the Master Plan Steering Committee for strategic asset review.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 40

Clr Stanley left the Chambers at 7.54pm.

ITEM NO: DPG 04 FILE NO: 207586.2014 SUBJECT: Proposed Amendment 38 Liverpool Local Environmental Plan 2008 Phase 3 Land Reclassifications and Rezonings

RECOMMENDATION

That Council:

1. Proceed with the reclassification and rezoning of the following parcels of land:  124A Wonga Road, Lurnea (McCarthy Park)  Part of 15 Qantas Boulevard, Middleton Grange (Part of Stante Reserve)  8 Ferrington Crescent, Liverpool (Ferrington Park)  20A Frazer Avenue, Lurnea (Baker Park)  84A St Andrews Boulevard, Casula (St Andrews Park)  26 Wendlebury Road, Chipping Norton (Wendlebury Park)  2A Deerwood Avenue, Liverpool (Hazel Bradshaw Park)  22 Box Road, Casula (Mimosa Park)  72A Grevillea Crescent, Prestons (Acacia Park)

2. Not proceed with the reclassification and rezoning of the following parcels of land:  9 Gunsynd Avenue, Casula (Part of Thawaral Park)  10 Anjudy Close, Casula (Part of Thawaral Park)  230 Newbridge Road, Moorebank (Part of Regan Park)  99-101 Rose Street, Liverpool (Part of Pearce Park)  12A Brain Avenue, Lurnea (Hannan Park)

3. Send a copy of the Planning Proposal to NSW Planning and Infrastructure to seek a Gateway Determination to proceed with Draft Amendment 38 to Liverpool Local Environmental Plan 2008 which includes the reclassification and rezoning of the parcels of land identified in Recommendation 1.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That Council:

1. Proceed with the reclassification and rezoning of the following parcels of land:  124A Wonga Road, Lurnea (McCarthy Park)  Part of 15 Qantas Boulevard, Middleton Grange (Part of Stante Reserve)  8 Ferrington Crescent, Liverpool (Ferrington Park)  20A Frazer Avenue, Lurnea (Baker Park)  84A St Andrews Boulevard, Casula (St Andrews Park)

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 41

 26 Wendlebury Road, Chipping Norton (Wendlebury Park)  2A Deerwood Avenue, Liverpool (Hazel Bradshaw Park)  22 Box Road, Casula (Mimosa Park)  72A Grevillea Crescent, Prestons (Acacia Park)  9 Gunsynd Avenue, Casula (Part of Thawaral Park)  10 Anjudy Close, Casula (Part of Thawaral Park)  230 Newbridge Road, Moorebank (Part of Regan Park)  99-101 Rose Street, Liverpool (Part of Pearce Park)  12A Brain Avenue, Lurnea (Hannan Park)

2. Send a copy of the Planning Proposal to NSW Planning and Infrastructure to seek a Gateway Determination to proceed with Draft Amendment 38 to Liverpool Local Environmental Plan 2008 which includes the reclassification and rezoning of the parcels of land identified in Recommendation 1.

3. Employ a strategy to engage with the local residents affected by the loss of the parks or part of the parks.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Mamone Clr Ristevski Clr Waller

Vote against: Clr Karnib Clr Shelton

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 42

Clr Stanley returned to the Chambers at 7.59pm.

ITEM NO: DPG 05 FILE NO: 211302.2014 SUBJECT: Removal of Restriction on a Planning Delegation to the CEO

RECOMMENDATION

That Council amend the exceptions provisions in the Planning and Development Delegations to the Chief Executive Officer as follows:

a. Delete the current Section 3.6.1: The approval of an application seeking the modification of a consent of an application previously approved by the elected Council; and b. Insert a new Section 3.6.1: Determination of section 82a applications for review of development applications, where the original application was determined by the Council.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton Clr Waller

Vote against: Clr Stanley

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 43

COMMITTEE REPORTS

ITEM NO: CTTE 01 FILE NO: 047881.2014 SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 6 August 2014

RECOMMENDATION

1. The Minutes of the Aboriginal Consultative Committee Meeting held on 6 August 2014 are attached for the information of Council.

2. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Shelton

That Council

1. Note the Minutes of the Aboriginal Consultative Committee Meeting held on 6 August 2014 are attached to the report for the information of Council.

2. Note the Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

3. Note planning for certain events can be delayed due to the uncertainty of grant funding.

4. Allocate an extra $25,000 from the Council reserves to fund projects as listed on the table at the bottom of page 266 and top of page 267 of this Council agenda.

5. Ensure that Council staff continues to seek grant funding for these projects which if received offsets against the extra funding.

6. Ensures that a minimum amount of $5,000 of the allocation is used solely for the purpose of promoting the events.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 44

ITEM NO: CTTE 02 FILE NO: 194602.2014 SUBJECT: Environment Advisory Committee Meeting Minutes of 11 August 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 11 August 2014.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 45

ITEM NO: CTTE 03 FILE NO: 202184.2014 SUBJECT: Minutes of the Liverpool Access Committee 14 August 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 14 August 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 46

ITEM NO: CTTE 04 FILE NO: 202619.2014 SUBJECT: Minutes of Economic Development Committee and Events Committee meeting held 3 September 2014

RECOMMENDATION

1. That Council receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 3 September 2014.

2. That Council notes that there are no actions arising from the report that will have financial implications for Council.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 47

ITEM NO: CTTE 05 FILE NO: 202621.2014 SUBJECT: Minutes of Badgerys Creek Airport Taskforce meeting held 3 September 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Badgerys Creek Airport Taskforce Meeting held on 3 September 2014.

2. Notes that there are no actions arising from the report that have financial implications for Council.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 48

ITEM NO: CTTE 06 FILE NO: 202623.2014 SUBJECT: Minutes of Building Our New City Committee meeting held 3 September 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Building our New City Committee Meeting held on 3 September 2014.

2. Approves $1m being allocated from the Town Improvement Fund toward the cost of detailed design, necessary approvals, contract and tender documentation, and any other required investigations and studies to progress Building Our New City plans for Macquarie Mall, Bigge Park and Gateways to implementation stage. Use of the funds is to be determined by the Chief Executive Officer under delegation.

3. Notes that linkages to the Georges River and the Eat Street precinct will be progressed following further discussions with other parties with interests related to these precincts.

4. Notes that the priority elements of projects to be progressed are:

Macquarie Mall:  De-cluttering and improved sight lines ,including removal of existing fountain  Re-design of street to include one way traffic at night  Maintain chess play areas and add additional areas where practical  Maintain/improve children's play area  New paving  Catenary style lights  New street furniture , umbrellas and storage facilities  Improve outdoor dining shade areas for businesses  Outdoor TV screen  Paving structure with pedestrian crossing at Elizabeth Street

Bigge Park  Circular contemplation walk  Improved pathways across the park to link destinations  Remove Music Shell  Reconfigure trees to provide improved sight lines to Francis Greenway Building  Conduits for services along pathways (lighting, sound system, etc)  Improved lighting in park  Improvements to footpaths bordering Bigge park  Pop up café and longer term potential re-use of the Pump House building  Children's play area in north eastern corner  New street furniture and shade structures

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 49

Gateways  Gateway landscaping program  Clean up and lighting program for Newbridge Road bridge  New branding placement

5. Extend the current agreement with the US Studies Centre for the services of Professor Blakely for 2014/15.

6. Allocate funds of $65,000 from the Town Improvement Fund to meet the costs of Professor Blakely's services in 2014/15.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Stanley

That the Item be dealt with in Closed Session at the end of the meeting.

Foreshadowed Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion (by Clr Waller) was declared LOST. The foreshadowed motion (by Clr Hadchiti) then became the motion and was declared CARRIED.

Clr Karnib, Clr Shelton & Clr Waller asked that their names be recorded as voting against the motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 50

ITEM NO: CTTE 07 FILE NO: 202895.2014 SUBJECT: Key Sites Master Planning Steering Committee Minutes from meeting held 2 September 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 2 September 2014;

2. Adopts the recommendation put forward in the confidential report provided under separate cover; and

3. Keeps confidential the minutes supplied under separate cover containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 51

ITEM NO: CTTE 08 FILE NO: 209832.2014 SUBJECT: No Intermodal Committee Meeting Minutes 2 September 2014

RECOMMENDATION

That Council receives and notes the Minutes of the No Intermodal Committee Meeting held on 2 September 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 52

ITEM NO: CTTE 09 FILE NO: 209866.2014 SUBJECT: Warwick Farm Racing Precinct Steering Committee Meeting Minutes

RECOMMENDATION

That Council receives and notes the Minutes of the Warwick Farm Racing Precinct Meeting held on 2 September 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 53

Mayor Mannoun called for a recess at 8.26pm.

Mayor Mannoun resumed the meeting at 8.48pm.

CORRESPONDENCE REPORTS

ITEM NO: CORR 01 FILE NO: 076541.2014 SUBJECT: Incoming and Outgoing Correspondence Report

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 54

QUESTIONS WITH NOTICE

ITEM NO: QWN 01 FILE NO: 190298.2014 SUBJECT: Question with Notice - Clr Hadchiti

Council currently has a Design Review Panel in place which assesses designs on particular applications and makes a recommendation to the assessing officers.

1. How long have the current members been on this panel?

Council report of 21 November 2011:

“The Selection of Panel members The current DRP members have been providing advice to Council for approximately four years. As such a review of the panel and its membership is due.”

Approximately since 2007. No information regarding an EOI can be found.

2. How many applications have been though the panel over the last 6 months?

Seven (7) Pre DA matters and nine (9) DA matters.

3. Generally how much time is added to the assessment of a DA because of this process?

Approximately 2-3 weeks.

4. Are detailed notes kept and circulated to all parties involved in this process?

Yes, on the DA file in Council’s document management system and emailed to the applicant.

5. Do Council Officers generally make submissions to the DRP if they don’t agree with the DRP recommendations?

The Council officer may discuss this during the meeting, however no submissions are made or have been made. The DRP is an advisory body only.

The DRP will:

(a) Encourage quality development in the growth of Liverpool as a Regional City through promotion of best practice in urban design.

(b) Connect with the development industry so they recognise the value of the advice provided by the Panel and are encouraged to respond accordingly.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 55

(c) Provide pragmatic design advice that encourages development while ensuring outcomes contribute to a regional City of design excellence.

(d) Encourage proponents to engage with the Panel during the pre-lodgement stage of development to ensure maximum benefits to all stakeholders from the process.

Council’s Commercial Properties

Can a list please be provided of any vacant council owned commercial properties and the strategy used to find a suitable tenant?

There are 3 Council Investment properties that have vacancies:

1. 33 Moore St – 2 ground floor shops – being held vacant pending possible relocation of Customer Services from level 2.

2. 52 Scott St – Ground floor retail potential 1 – 3 shops – being held vacant pending decision on whether Council will redevelop this property.

3. Northumberland St Arcade – 3 retail shops being held vacant due to pending redevelopment of the adjoining property which will require closure of the arcade during redevelopment.

There is one property that is owned by the NSW Government where Council has Care and Control that is vacant. The Old Court House is currently vacant and required a substantial amount of repair work to make it habitable. This property is Heritage Listed and we are in the process of completing requirements of the Heritage Branch for the work to be approved. This process is likely to take another ¾ months for approval then we will need to call for quotes.”

The same comment applies to each except 52 Scott St. At the last Key Sites Master Planning Steering Committee we were given instructions that the shops can be leased subject to redevelopment clauses in the leases. The managing agent will be instructed to place For Lease Signs in the window of the premises.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 56

ITEM NO: QWN 02 FILE NO: 190408.2014 SUBJECT: Question with Notice - Clr Shelton

The following, on the topic of customer service, is quoted word for word from the final comments of the former Acting CEO, Mr Rob NOBLE, made during the June 2014 Council Meeting, being the last council meeting in which he was in attendance prior to his departure: “Mr Mayor, the reason that I've made those suggestions to adjust those number of days for response is when I was here after only a very short time, I had a look at the statistics of the performance of the organisation in responding to Councillor action requests and it was roughly 50%. 50% achievement of responding to Mayoral requests within 2 days and Councillor requests within 5...I'm just suggesting to you and I've had conversations with several of the Councillors about the existing customer service arrangements and I believe that by putting a higher standard of response time to Councillor and Mayoral requests, then what that's going to do is ultimately and probably already has create and created a two tier customer service system - which is all great for a client who approaches the Mayor or Councillor and gets snappy action maybe at the moment 50% of the time and so that will encourage that person or anyone they speak to do exactly the same thing and so instead of going through what I believe is the most efficient overall system for the bulk of our community of going through the customer services system and having an action request which goes immediately to the relevant officer, we still will end up with a gradually increasingly number of Mayoral and Councillor requests that get dealt with pretty quickly but what's happening then is that every time you have one of those, you are basically screwing the other 95% of your customer by putting them further down the line...further down the pecking order...”

1. Please outline the actions, executive or otherwise, taken or proposed to be taken to address the concerns of the former Acting CEO, Mr Rob NOBLE.

The amount of customer requests versus the amount of Councillor Requests has been reviewed. The data at this point indicates that approximately 1% of requests received by the organisation come via Councillor’s, therefore 99% of our customer requests are by direct public contact in various forms. Whilst the previous Acting CEO raised this as a potential issue, the data at this point in time suggests that there is not a significant concern or problem that needs addressing by the changing of the current methodologies. However, with any of our interface with our customers Council will continue to monitor trends and issues and if at some point in the future the issue highlighted by the previous Acting CEO becomes a concern then this issue will be reported back to Council with suggested adjustments if required to the processes currently being used.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 57

2. To what extent do any existing motions of Council impede reform and improvement of customer service functions

There are no current motions passed by Council that have been identified or obvious as creating any impediment to review, reform or improvement to our customer service functions. Similarly, if any motions past, present or future are identified that cause problems in efficient customer service those issues will be reported back to Council at that time with a suggested improvement for Council’s consideration.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 58

Motion: Moved: Clr Waller Seconded: Clr Hadchiti

1. That Council move into Closed Session to consider the following Items:

 CFO 04 Legal Affairs Report Reason: s10(A(2)(c), s10A(2)(d)(ii) and s10A(2)(g).

 CFO 05 Oakvale Capital Limited - Legal Claim Reason: s10(A(2)(c), s10A(2)(d)(ii) and s10A(2)(g).

 CFO 10 Resident Hardship Issue - Sirius Road, Voyager Point Reason: s10(A(2)(b) and s10A(2)(g).

 CEO 02 Recruitment of Executive staff in accordance with Council’s adopted management structure Reason: s10(A(2)(a).

2. Pursuant to Section 10A(1)-(3) of the Local Government Act 1993, the media and public to be excluded from the meeting on the basis that the business to be considered is classified confidential under to provisions of:

 10A(2)(a) personnel matters concerning particular individuals (other than Councillors).

 10A(2)(b) the personal hardship of any resident or ratepayer.

 10A(2)(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 10A(2)(d)(ii) Commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.

 10A(2)(g) advice concerning litigation, or advice that would otherwise be priviliged from production in legal procedings on the grounds of legal professional privilege.

On being put to the meeting the motion was declared CARRIED.

Council moved into Closed Session at 9.04pm. The public and the media left the Chambers.

Motion: Moved: Clr Waller Seconded: Clr Ristevski

That Council move out of Closed Session and into Open Council.

On being put to the meeting the motion was declared CARRIED.

Open Council resumed at 9.14pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 59

ITEM NO: CFO 04 FILE NO: 198192.2014 SUBJECT: Legal Affairs Report

RECOMMENDATION

That Council consider the report of staff concerning Legal Affairs in Closed Council pursuant to section 10A(2)(c), 10A(2)(d)(ii), and 10A(2)(g) of the Local Government Act 1993.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That Council:

1. Receives and notes the Legal Affairs report.

2. Be furnished with a status report every three months or sooner if circumstances require it.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 60

ITEM NO: CFO 05 FILE NO: 202064.2014 SUBJECT: Oakvale Capital Limited - Legal Claim

RECOMMENDATION

That Council:

1. Note the report of staff into ongoing legal proceedings against Oakvale Capital Limited (in administration).

2. Direct staff to instruct its solicitors to seek expert opinion on the conduct of the ratings agency responsible for the rating of financial instruments purchased by Oakvale Capital Limited on behalf of LCC that incurred losses following the global financial crisis.

3. Direct staff to instruct its solicitors to file proceedings against the ratings agency responsible for the rating of financial instruments purchased by Oakvale Capital Limited on behalf of LCC that incurred losses following the global financial crisis.

4. Direct staff to report back to Council once expert advice is received in relation to the rating of the instruments in question, the likely cost of ongoing legal action, and the prospects of recovery in this action.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 61

ITEM NO: CFO 10 FILE NO: 204921.2014 SUBJECT: Resident Hardship Issue - Sirius Road, Voyager Point

RECOMMENDATION

That Council:

1. Note the report of staff relating to the personal hardship of a resident or ratepayer at Sirius Road, Voyager Point.

2. Direct staff to take no action in impeding access to Lot 6, DP 803038 by the owner of Lot 68, DP 752034, provided such access is in accordance with Council’s Generic Plan of Management for Parks 2007.

3. Take no further action in relation to the matter.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 62

ITEM NO: CEO 02 FILE NO: 223283.2014 SUBJECT: Recruitment of Executive staff in accordance with Council’s adopted management structure

RECOMMENDATION That Council note the appointment of the Mr John Morgan to the position of Director Property and Commercial Services, Mr Gary Grantham to the position of Chief Financial Officer and Ms Carole Todd to the position of Director Business Improvement and that these appointments complete the new executive structure approved by Council.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 63

THE MEETING CLOSED AT 9.20pm.

Name: Ned Mannoun

Title: Mayor

Date: 29 October 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 24 September 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Minutes of the Ordinary Council Meeting held on Wednesday, 24 September 2014 and confirmed on Wednesday, 29 October 2014

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Chairperson 1

MINUTES OF THE ORDINARY MEETING HELD ON 29 OCTOBER 2014

PRESENT: Mayor Ned Mannoun Councillor Balloot Councillor Hadchiti Councillor Hadid Councillor Harle Councillor Karnib Councillor Mamone Councillor Ristevski Councillor Shelton Councillor Stanley Councillor Waller Mr Carl Wulff Chief Executive Officer Mr Gary Grantham, Chief Financial Officer Ms Toni Averay, Director Planning and Growth Ms Carole Todd, Director Business Improvement Ms Kiersten Fishburn, Director Community and Culture Mr Gino Belsito, Director City Presentation Mr Michael Cullen, Director Economy and Engagement Mr Raj Autar, Director Infrastructure and Environment Mr John Morgan, Director Property and Commercial Development

The meeting commenced at 6.06pm

OPENING 6.06pm

PRAYER The prayer of the Council was read by Reverend John Hall.

APOLOGIES Nil

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 2

CONDOLENCES

The Hon. Edward Gough Whitlam (read by Clr Stanley)

Men and Women of Liverpool

It is with great pride that I move the condolence motion for the Hon. Edward Gough Whitlam AO, QC former member for Werriwa and the 21st Prime Minister of Australia. Mr Whitlam was the member for Werriwa for 25 years from 1952 to 1978. During this time Mr. Whitlam represented much of the Liverpool Local Government Area. His influence on our city is noted by the many Council assets which are named in his honour such as the Whitlam Centre, Whitlam Ovals 1-4, and across our border in Fairfield Council the Whitlam library. His legacy of course is much deeper than this. It is his support of equality of opportunity; in healthcare, education, services the arts, libraries and much more.

As Australians we are still reaping the rewards from the reforms that were put in place during his Prime Ministership from 5th December 1972 until 11 November 1975. His legacy is varied and touched every Australian citizen. Universal health care, recognition of Aboriginal rights, recognition of China, access to University Education no matter your economic circumstances, providing sewer to the western suburbs of Sydney, pension reforms, no fault divorce and support of the Arts to name only a few.

Mr Whitlam passed away on 21st October 2014 at the age of 98.

Like many of my generation living in the western suburbs of Sydney, Mr Whitlam had great influences on myself and my family. His support of women's rights and the changes he made in the early sixties to the contribution of women in our great party mean that I sit here as woman and as an elected representative of the Labor party on Liverpool Council.

Some of my earliest memories involve Mr Whitlam, my father ringing from the election party in 1972 ( which was held at the El Toro Hotel at Warwick Farm) excited by the change in government after 23 years and the hope and promise that brought with it. My mother crying at his dismissal from office. My disappointment that he retired a little before I was able to vote for him. I have had the great privilege of serving on the Werriwa electorate council for many years as President and Secretary.

I met Mr. Whitlam twice; once as a teenager, at my high school he came to open our first multicultural day, a celebration of cultures which made up our school and country. His presence was amazing. He took time to walk around and look at each of the displays and talk to students and then much later at a book launch for a book that my sister was a contributor too, again he was generous with his time, and was able to converse with everyone in the room. We talked about Liverpool and his recollections of western Sydney and Werriwa.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 3

My Labor party colleagues in the room tonight know of his importance to our party and I'm sure those previous members here also understand what a great contribution he continued to make to Australia and Labor after his retirement. In fact Mr Joe Durrant, our former Mayor, rang me concerned that this Council had plans to properly recognise Mr Whitlam’s passing. He related that Mr Whitlam often walked the streets of Liverpool whilst he was a member and Prime Minister, without the need for security guards, chatting to residents and acknowledging acclamations that were called out to him as he passed. Mr Whitlam’s electorate office was indeed in Liverpool for some of his time in office and is now the office of the current Member for Liverpool. In fact at a Branch meeting last night one of our members Mr Jim Brassil spoke eloquently about his time as chief of staff for Hon Lance Barnard, Whitlam’s Deputy.

Paul Keating said of Whitlam “He changed the way Australia thought about itself and gave the country a new destiny. He helped create a more inclusive compassionate society that was more engaged in the world. Australia’s history can be divided as pre-1972 and post- 1975.”

Most Australian Prime Ministers are interested in big issues, macroeconomic policy, foreign affairs, taxation, health policy etc. and Gough Whitlam certainly made major contributions in these areas. But Gough was also interested in issues that most Prime Ministers miss, the experience of living in Australian suburbs. Gough Whitlam was the first Labor leader to represent an electorate based in the suburbs of Western Sydney. His children went to school here. He knew what it was like to live in the Western Suburbs, the suburbs of Liverpool, the suburbs of his Electorate and because of this, he knew what needed to be done to give everyone the opportunities to which they were entitled.

In Mr Whitlam’s own words: “My great objective as a parliamentarian was to dramatise the deficiencies and devise practical government programs to deal with them. It was a cause that went to the heart of our way of life. It seemed to me that if governments could not do something for the conditions of life in our cities and suburbs there was something deeply wrong with our system of government and our national priorities."

The Whitlam government was committed to improving life in suburbs like Liverpool, focusing on opportunities in the areas health, employment, transport, even sewerage. In fact his partner in life Margaret when she realised the lack of facilities such as libraries and swimming pools lobbied to have these essential community assets available to the people of the electorate. She served for many years on the committee of the local swimming club.

According to Labor Frontbencher Hon. Chris Bowen Shadow Treasurer:

“He loved what Neville Wran said of him: ‘It was said of Caesar Augustus that he found Rome brick and left it marble. It will be said of Gough Whitlam that he found the outer suburbs of Sydney, Melbourne and Brisbane unsewered and left them fully flushed.'”

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 4

Last year, in a speech to the Whitlam Institute, Noel Pearson reflected this way on the achievements of the Whitlam government:

“Thirty-eight years later we are like John Cleese, Eric Idle and Michael Palin’s Jewish insurgents in the Life of Brian ranting against the despotic rule of Rome, defiantly demanding “and what did the Romans ever do for us anyway?” “Apart from Medibank?” “and the Trade Practices Act 1974?” “cutting tariff protections?” “and no-fault divorce and the Family Law Act 1975?” “the Australia Council?” “the Federal Court?” “the Order of Australia?” “federal legal aid?” “the Racial Discrimination Act 1975?” “needs-based schools funding?” “the recognition of China?” “the Law Reform Commission?” “the abolition of conscription?” “student financial assistance?” “FM radio and the Heritage Commission?” “non-discriminatory immigration rules?” “community health clinics?” “Aboriginal land rights?” “paid maternity leave for public servants?” “lowering the minimum voting age to 18 years?” “fair electoral boundaries and Senate representation for the Territories? Our own National Anthem A University in Western Sydney” “Apart from all of this, what did this Roman ever do for us?”

These are, by any measure, an impressive list of achievements.

Gough Whitlam’s legacy is the improvement of the lives of all Australians, all over this country, those he gave choices to, single mothers, the young people who were the first in their families to gain a tertiary education that would not have otherwise been possible, improved healthcare, where it was no longer a choice between a visit to the doctor or food on the table.

He believed that all people mattered and that there should be opportunities provided to improve their lot in life.

Whilst Mr Whitlam will be missed, as members of the ALP we will continue to fight for the ideals he stood for and believed in and will strive to make Australia and Liverpool a better place for all its citizens.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 5

On behalf of my family and the community that I represent, I offer my deepest condolences to Gough’s family and especially his four children; Antony, Nicholas, Stephen and Catherine and his grandchildren. I am sure his loss will leave a large hole in their family.

It’s time to say goodbye now. Mr Whitlam you leave us with a better life and profoundly grateful that you were our comrade, our neighbour, our advocate, our local member, and our Prime Minister and for many people like me, our hero.

Perhaps one, overused but highly appropriate word describes the Hon Edward Gough Whitlam best; he is a “Legend.”

The Hon. Edward Gough Whitlam (read by Clr Waller)

The majority of us gathered here this evening are well aware of Gough Whitlam a man who was a local, a father, husband and who was a long time representative of this area and a former Prime Minister of Australia.

He has sadly passed away aged 98 on the 21st of October 2014.

He and his wife Margaret Whitlam were both very much a part of the local community for many, many years and very much a part of the political landscape. They are once again reunited.

Gough Whitlam was Prime Minister for three years from 1972 to 1975. Australia saw it as ‘it’s time’ and voted to make Gough Whitlam who was the leader of the ALP, the 21st Prime Minister of Australia.

Australia was emerging from a very conservative era into a modern world. In a sense the symbolic nature of Whitlam being the 21st Prime Minister in itself was a coming of age action, he helped bring Australia into that modern world. It was time.

What affected me and family members greatly at the time of his election in a positive manner was; the end to conscription, the improvement of wages for the armed forces, Medicare, changing the voting age from 21 to 18, free university study, opening dialogue with China and indigenous recognition.

For the first time, I saw first-hand how policy could affect the quality of life of people. Gough and his Government did this, they understood this.

He understood the class divide, he wanted equity in Australia and strove to ensure infrastructure for the everyday issues such as child care, libraries, art and culture, even including the provision for sewerage in the suburbs as a priority.

I was fortunate to meet both Gough and Margaret Whitlam a few times, the last time I met Gough Whitlam was in 2004 when we had a cup of tea at the old council chambers and we discussed the future of local government and how politics was a tough road to tread.

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Chairperson 6

Gough Whitlam’s love of art and culture never waned. His passion and commitment for social justice also continued.

He believed in himself without doubt and Margaret had the ability to ground him and advise him. As a team they were impeccable, both were respected for their passion, intelligence and commitment to the Australian people and to the Australian landscape.

A person larger than life has left us, but what Gough Whitlam achieved has and will stand the test of time.

We are better nation for it.

May he rest in peace.

Motion: Moved: Clr Stanley Seconded: Clr Waller

That Council express its deepest condolences for the recent passing of The Hon. Edward Gough Whitlam and a letter of condolence be sent to his family.

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

A minute’s silence was then observed for the passing of The Hon. Edward Gough Whitlam.

CONFIRMATION OF MINUTES

Motion: Moved: Clr Waller Seconded: Clr Shelton

That the minutes of the Ordinary Meeting held on 24 September 2014 be confirmed as a true record of that meeting.

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

DECLARATIONS OF INTEREST

Clr Stanley declared a pecuniary interest for the following Item:

Item CFO 08: CBA Credit Card Facility Reason: Clr Stanley holds shares in the CBA which is the company providing the facility.

Clr Stanley left the Chambers for the duration of this Item.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 7

PUBLIC FORUM

Presentation – Items not on agenda

Nil

Representation – Items on agenda

1. Ms Audrey Figues & Ms Sarah Yahya addressed Council on the following item:

Item DCC 06 - Liverpool Youth Council Annual Report 2013 – 2014

Clr Waller left the Chambers at 6.27pm.

Clr Waller returned to the Chambers at 6.31pm.

2. Ms Cheryl Keane addressed Council on the following item:

Item DAD 01 - Development Application DA-790/2013 - Stage 2 development of a court approved masterplan in DA-394/2011 for a non-denominational cemetery at 41 Greendale Road, Bringelly (Lot 5 DP 252040)

Motion: Moved: Mayor Mannoun Seconded: Clr Mamone

That a two minute extension of time be granted to Ms Cheryl Keane.

On being put to the meeting the motion was declared CARRIED.

3. Mr Colin McFadzean addressed Council on the following item:

Item DAD 01 - Development Application DA-790/2013 - Stage 2 development of a court approved masterplan in DA-394/2011 for a non-denominational cemetery at 41 Greendale Road, Bringelly (Lot 5 DP 252040)

4. Mr Dennis Banicevic addressed Council on the following Item:

Item CFO 06 - Annual Financial Reports 2013/2014

Motion: Moved: Mayor Mannoun Seconded: Clr Mamone

That a two minute extension of time be granted to Mr Dennis Banicevic.

On being put to the meeting the motion was declared CARRIED.

Motion: Moved: Mayor Mannoun Seconded: Clr Shelton

That a further extension of time be granted to Mr Dennis Banicevic to complete his presentation of his Audit report on Council’s Annual Financial Reports 2013/2014.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 8

MAYORAL MINUTE

SUBJECT: Korean War Memorial

Council has received representation from the Returned and Services League of Australia - City of Liverpool Sub-Branch regarding the installation of a plaque commemorating those Australians killed or missing in action (K.I.A or M.I.A) during the Korean War (1950-1953).

Over 17,000 Australians served during the Korean War, of which 340 were killed and over 1,500 were wounded. A further 29 had become prisoners of war. There are still 43 Australians missing in action. It is important that we properly commemorate their service and sacrifice.

I am advised that this memorial would be in keeping with existing memorials in the semicircular garden in front of the war memorial and would not generate an impact on the significance of Bigge Park. This memorial would be an important addition to the commemorative war memorial garden.

I am informed that installation of an appropriate plinth and plaque supplied by the Korea War Veterans Association NSW would not require a development application. It will honour those missing in action and as well as those killed in action specifically from the Liverpool area.

RECOMMENDATION:

That Council:

1. Approve installation of a suitable plinth and plaque supplied by the Korean War Veterans Association NSW and RSL Sub-Branch in the War memorial garden of Bigge Park.

2. Organise and conclude installation of the memorial prior to ANZAC Day 2015.

3. Expresses its thanks to the Returned and Services League of Australia - City of Liverpool Sub-Branch and Korean War Veterans Association NSW for their hard work and ongoing representation on this matter and their continued contribution to the Liverpool community.

4. Authorises the CEO to dedicate appropriate resources to complete this project.

Motion: Moved: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 9

MAYORAL MINUTE

SUBJECT: Community Christmas Kitchen

The recent visit by the new Governor General, His Excellency General the Honourable Sir Peter Cosgrove AK MC, has highlighted as part of anti-poverty week the demand in our community for services such as the Inspire Church-run community kitchen, which provides meals and support to those in need in our community.

I was very moved by the experience at the community kitchen. After a discussion with Pastor Mike Myer, I became aware of their annual Christmas Kitchen at which they provide an early Christmas lunch for up to 250 of the needy from our community.

Whilst we have big plans to redevelop Liverpool and help this city achieve its real potential, we must not lose sight of those who might not be in a position, for whatever circumstances, to take full advantage of our growing prosperity. Our Council provides many services and support to those in need in our community, in partnership with a range of institutions including but not limited to Inspire, Salvation Army, CatholicCare, Liverpool Youth Accommodation Assistance Company and of course St Vincent De Paul. Demand for their services is always strong and especially at Christmas period.

I was also moved to recently visit the Food for Life Market at Warwick Farm where volunteers provide fresh fruit and vegetables for over 600 active members within the community. Demand for their services operated in conjunction with Food Bank and the Salvation Army continues to increase.

I propose that Council this year host a Community Christmas Kitchen in partnership with Inspire Church and open to any community members needing assistance and also support the work of Food for Life.

RECOMMENDATION:

That Council:

1. Host the Mayor and Council Community Christmas Kitchen in principle partnership with Inspire Church/Liverpool Community Kitchen and Hub for 2014.

2. Donate $5000 to the Salvation Army – Food for Life (Warwick Farm and Busby) program to go towards local community Christmas demand.

3. Authorises the Chief Executive Officer to apply appropriate resources for this project from Council reserves.

4. Congratulates Council staff involved with organising the very successful recent visit to Liverpool by Governor General, His Excellency General the Honourable Sir Peter Cosgrove and Lady Cosgrove.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 10

Motion: Moved: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 11

MAYORAL MINUTE

SUBJECT: Casula and Sensitive land uses

On Saturday the 18th October 2014, Council held a day long Mayor and Councillor Mobile Office including a session in the afternoon regarding the Development Application for a proposed Hotel at the site of the Fontainebleu Motel (DA 1454/2013). This meeting was strongly attended by members of the Casula community and Councillors Stanley, Hadchiti, Hadid and myself as well as the Member for Menai Melanie Gibbons MP.

At the meeting I was very moved by the stories of residents whose lives had been adversely impacted by alcohol and gambling. The position that was made abundantly clear to all those present at the meeting is that the residents of Casula do not want outlets for alcohol or gambling in close proximity to schools or residential areas.

I understand and share their concern.

Given the potential adverse social impacts of alcohol and gambling on the community it makes good sense to investigate what action Council can take to prevent future proposals for such outlets in close proximity to schools or residential areas.

RECOMMENDATION:

That Council:

1. Expresses its thanks to the residents of Casula for their continuous vigilance in bringing their concerns to Council.

2. Direct Council officers to investigate the options available to Council to restrict alcohol or gambling outlets in near proximity to residential areas including the potential the rezoning of land and restrictions through the Development Control Plan (DCP). Staff should report on this matter at the next Council meeting.

Motion: Moved: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 12

NOTICES OF MOTION

ITEM NO: NOM 01 FILE NO: 244001.2014 SUBJECT: Licensing Brothels in NSW

NOTICE OF MOTION

Following the police siege on George Street Liverpool on Thursday 16 October 2014, Council calls upon the NSW government to urgently proceed with the proposed licensing laws for sex industry premises including brothels that should empower police and the local Council to oversee the brothel industry in their local area and apply for suspension or cancellation of brothel licenses if they are shown to operate illegally or not in the public interest.

COUNCIL DECISION

Motion: Moved:Clr Shelton Seconded: Clr Stanley

That Council receives and notes the Chief Executive Officer comments relating to this Notice of Motion as shown below:

“An amendment to the Liverpool LEP was gazetted on 20 June 2014 to delete sex service premises (brothels) from the B3 Commercial Core zone. This use was already not permissible in other business and residential zones. Accordingly, new businesses are only permissible with consent in the following industrial zones:

 IN1 General Industrial  IN2 Light Industrial, and  IN3 Heavy Industrial.

However, in accordance with Section 108(1) of the Environmental Planning and Assessment Act 1979 and Part 5 of the Environmental Planning and Assessment Regulation 2000, existing businesses may continue to operate under existing use rights. There are currently six businesses licensed as ‘sex service premises’ in the Liverpool CBD.”

Foreshadowed Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

Following the police siege centred on a brothel on George Street Liverpool on Thursday 16 October 2014, Council resolves:

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 13

That Council:

1. Calls upon the NSW government to urgently proceed with the proposed licensing laws for sex industry premises including brothels that should empower police and the local Council to oversee the brothel industry in their local area and apply for suspension or cancellation of brothel licenses if they are shown to operate illegally or not in the public interest.

2. Writes to the NSW Premier expressing our position.

3. Authorises the CEO to investigate the acquisition of leases or properties in the town centre that host brothels with a view to relocating them to more appropriate locations in industrial areas and report back to Council on the outcome.

4. Commends the role of Police and law enforcement in successfully managing and concluding the incident in Liverpool and continuing the protection and safety of our community.

5. Writes to WSROC informing them to this motion and seeking their support.

6. Writes to the local state members seeking their support for this motion and asking them to make representations in Parliament on Council’s behalf.

On being put to the meeting the motion (by Clr Shelton) was declared LOST. The foreshadowed motion (by Clr Hadid) then became the motion and on being put to the meeting was declared CARRIED.

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Mamone Clr Ristevski Clr Shelton

Vote against: Clr Karnib Clr Waller Clr Stanley

Mayor Mannoun left the Chambers at 7.27pm and the Deputy Mayor, Clr Ristevski took the Chair.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 14

ITEM NO: NOM 02 FILE NO: 245354.2014 SUBJECT: Intermodal

NOTICE OF MOTION

That Council through the CEO writes to the NSW Premier enclosing a copy of this motion and more particularly seeking specific written responses to the following:

1. What is Sydney's rail freight capacity (and in particular the Port Botany rail link), and is it adequate to cope with current and projected freight movements through Port Botany? 2. How many containers may be moved through the Port of Newcastle before compensation is payable to NSW Ports? 3. How much is that compensation and how is it calculated? 4. Will an unedited copy of the current business case be provided to Council and if so when and on what terms?

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Mayor Mannoun returned to the Chambers at 7.29pm and took the Chair.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 15

ITEM NO: NOM 03 FILE NO: 245599.2014 SUBJECT: CT Lewis Hill Road Lurnea

NOTE: NOM 03 and NOM 04 were dealt with concurrently and one resolution was passed in relating to both items. NOTICE OF MOTION

That Council:

1. Provides $100,000 in this budget year from the Councillor Reserve to begin restoration works on CT Lewis, Hill Road Lurnea.

2. Begins these works immediately.

3. Opens discussions with KU Childrens Services to continue providing services at this centre given the commitment by Council to improve the Centre and as an acknowledgement of their care of children in our community for 40 years.

4. Provides further funds in the 2014-15 budget to complete works.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That Council:

1. Deal with NOM 03 and NOM 04 concurrently.

2. Notes with extreme disappointment the reasons for the closure of KU Children's Services at CT Lewis, Lurnea.

3. Writes to KU children's services thanking them for the services they have provided for the community for the last 40 years in Lurnea and Liverpool.

4. Commits $120,000 from the Councillor Reserve to preparing a Strategic plan that deals with but is not restricted the following items:

a) The status and function of all Council Community Facilities and Buildings

b) Identify from the list in (a) above those in need of significant works in the next 12 months. (Significant would be defined as those that will have to close if such works are not programmed.) Also identify the origin of money that was used to build these centres(ie s94)

c) Costs of such work, possible liabilities or consequences if works are not completed.

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Chairperson 16

d) Plans currently in place for works on Community Facilities their cost and source of funds to be committed.

e) Identify grant and other sources that could be used to complete works.

f) Estimates of the cost to the Community if these facilities are lost, and how many residents/users would be effected. Information regarding the range of Community uses for our facilities.

g) Works completed since 2008 on Community facilities, funds expended and the source of such funds.

5. Provides the report to the June 2015 Council meeting.

6. Provides interim reports as available so findings can be incorporated in to the Council budget considerations for the 2015/16 budget year.

7. Directs the CEO to discuss with KU Children's Services if a similar facility elsewhere is required to assist with the demand for childcare places. The CEO to report the outcome and options to Councillors.

Amendment: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Deal with NOM 03 & NOM 04 concurrently.

2. Notes with extreme disappointment the reasons for the closure of KU Children's Services at CT Lewis, Lurnea.

3. Writes to KU children's services thanking them for the services they have provided for the community for the last 40 years in Lurnea and Liverpool.

4. Commits $120,000 from the Councillor Reserve to preparing a Strategic plan that deals with but is not restricted the following items:

a) The status and function of all Council Community Facilities and Buildings

b) Identify from the list in (a) above those in need of significant works in the next 12 months. (Significant would be defined as those that will have to close if such works are not programmed.) Also identify the origin of money that was used to build these centres(ie s94).

c) Costs of such work, possible liabilities or consequences if works are not completed.

d) Plans currently in place for works on Community Facilities their cost and source of funds to be committed.

e) Identify grant and other sources that could be used to complete works.

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Chairperson 17

f) Estimates of the cost to the Community if these facilities are lost, and how many residents/users would be effected. Information regarding the range of Community uses for our facilities.

g) Works completed since 2008 on Community facilities, funds expended and the source of such funds.

5. Provides the report to the June 2015 Council meeting.

6. Provides interim reports as available so findings can be incorporated in to the Council budget considerations for the 2015/16 budget year.

7. Directs the CEO to discuss with KU Children's Services if a similar facility elsewhere is required to assist with the demand for childcare places. The CEO to report the outcome and options to Councillors.

8. Notes the deterioration of this building and other community assets follows 30 years of Labor administration and neglect of Liverpool Council.

On being put to the meeting the Amendment (by Clr Hadchiti) was declared CARRIED.

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Mamone Clr Ristevski

Vote against: Clr Karnib Clr Stanley Clr Shelton Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 18

ITEM NO: NOM 04 FILE NO: 245631.2014 SUBJECT: Community Facilities and Buildings in Liverpool

NOTICE OF MOTION

That Council:

1. Provides a report at its November 2014 Council Meeting detailing the following:

a) All Council Community Facilities and Buildings and their current status.

b) Identify from the list in (a) above those in need of significant works in the next 12 months. (Significant would be defined as those that will have to close if such works are not programmed.)

c) Costs of such work, possible liabilities or consequences if works are not completed.

d) Plans currently in place for works on Community Facilities their cost and source of funds to be committed.

e) Identify grant and other sources that could be used to complete works.

f) Estimates of the cost to the Community if these facilities are lost, and how many residents/users would be effected. Information regarding the range of Community uses for our facilities.

g) Works completed since 2008 on Community facilities, funds expended and the source of such funds.

COUNCIL DECISION

NOTE: NOM 03 and NOM 04 were dealt with concurrently and one resolution was passed in relating to both items. See pages 16 and 17 of these minutes for the resolution.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 19

Clr Balloot left the Chambers at 7.47pm

ITEM NO: NOM 05 FILE NO: 245672.2014 SUBJECT: Policy review - remove red tape

NOTICE OF MOTION

That:

1. Council review its policies over the next 12 months in a gradual process.

2. The first set of policies to be reviewed to be reported to council by the end of this year.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Stanley

That Council receives and notes Chief Executive Officer comments relating to this Notice of Motion as shown below:

“Attached is a copy of Council’s Policy and Procedure Guide which has recently been reviewed and updated. The guide identifies four different categories of policies and procedures and sets out a process for review.

Council’s Governance unit maintains a register of all known Policies and Procedures. The register currently records 155 policies and procedures, and does not include WHS or Children’s Services policies (which are subject to separate legislative requirements), of these 79 policies and procedures are currently under review, or due for review. A forward program for the review of all policies will be developed and reported to Council at its November meeting.”

Foreshadowed Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That:

1. Council review its policies over the next 12 months in a gradual process.

2. The first set of policies to be reviewed to be reported to Council by the end of this year.

3. Council note the state and federal government have undertaken and are currently undertaking a red tape review which will save the tax payers millions and millions and millions of dollars.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 20

On being put to the meeting the motion (by Clr Shelton) was declared LOST. The foreshadowed motion (by Clr Hadchiti) then became the motion and on being put to the meeting was declared CARRIED.

Division called:

Vote for: Mayor Mannoun Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski Clr Waller

Vote against: Clr Harle Clr Karnib Clr Shelton Clr Stanley

Clr Balloot was not in the Chambers for the duration of this Item.

Clr Balloot returned to the Chambers at 7.52pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 21

ITEM NO: NOM 06 FILE NO: 245734.2014 SUBJECT: Community and Cultural Facility within Liverpool City Centre

NOTICE OF MOTION

That Council:

1. Commence the necessary works to identify the demand, form, budget of a significant civic, cultural and community facility within the Liverpool town centre.

2. Delegates to the CEO to use funds within the Iconic Facility Reserve for this process.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski

Vote against: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 22

Clr Stanley left the Chambers at 8.00pm.

Clr Stanley returned to the Chambers at 8.03pm.

ITEM NO: NOM 07 FILE NO: 245782.2014 SUBJECT: CBD Waste Strategy

NOTICE OF MOTION

That Council:

1. Review its current waste policies in the CBD for current and new buildings and report back to council.

2. Consider more frequent pick ups and shared bins which is common in Sydney CBD and Parramatta.

3. Consider ways to encourage businesses to share bins and ways to shield them away from the public.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Stanley

That Council receives and notes the Chief Executive Officer comments relating to this Notice of Motion as stated below:

“Council’s waste collection contractors will now provide a range of bulk bins and offer onsite collection where buildings comply. See attached document which outlines options and specifications.

A meeting was held between City Presentation and Planning and Growth on Tuesday, 21 October to make effective the attached guidelines and Planning and Growth will issue this document to developers when designing high rises. This change is effective immediately for all new developments and will result in shared bins and less bins on streets in the CBD. City Presentation will be negotiating contract variations with its waste collection contractor for these new provisions.”

Foreshadowed Motion: Moved: Clr Hadid Seconded: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion (by Clr Shelton) was declared LOST. The foreshadowed motion(by Clr Hadid) then became the motion and on being put to the meeting the motion was declared CARRIED.

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Chairperson 23

ITEM NO: NOM 08 FILE NO: 245827.2014 SUBJECT: Live Life Get Active

NOTICE OF MOTION

That Council:

1. Undertakes an investigation of the most appropriate locations in the Liverpool Local Government Area for future expansion of the Live Life Get Active program.

2. Assists LLGA with introductions to potential local sponsors for the program and marketing support for Liverpool based programs where relevant.

3. Examines whether seed funding for the roll out of additional Liverpool programs may be needed to assist corporate take up of sponsorship.

4. Promotes any expansion of the program on Council’s webpage and through advertisements in the local press.

5. Provides a report to Council that provides information on the above together with the financial cost of operating and promoting the programs.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That the recommendation be adopted.

Foreshadowed Motion: Moved: Clr Shelton Seconded: Clr Stanley

That Council:

1. Undertakes an investigation of the most appropriate locations in the Liverpool Local Government Area for future expansion of the Live Life Get Active program.

2. Assists Liverpool’s longstanding and homegrown sporting groups and provides marketing support for Liverpool’s longstanding and homegrown sporting groups.

3. Promotes Liverpool’s homegrown longstanding sporting groups at every opportunity on Council’s webpage and through advertisements in local press.

On being put to the meeting the motion (by Clr Hadchiti) was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 24

ITEM NO: NOM 09 FILE NO: 245854.2014 SUBJECT: Gibson and Dunrossil Avenues Casula

NOTICE OF MOTION

That Council:

1. Investigate road surface condition at Gibson and Dunrossil Avenues, Casula and report results to next Council meeting.

2. Request Council’s lighting contractor to assess the adequacy of street lighting at the pathway between Gibson and De Meyrick Avenues.

3. If improvement is warranted, request lighting contractor to provide a scheme with an estimate of costs to upgrade lighting as per the Australian Standards in a report to be considered by the next Council meeting.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 25

DEVELOPMENT APPLICATION DETERMINATION REPORT

ITEM NO: DAD 01 FILE NO: 231753.2014 SUBJECT: Development Application DA-790/2013 - Stage 2 development of a court approved masterplan in DA-394/2011 for a non-denominational cemetery at 41 Greendale Road, Bringelly (Lot 5 DP 252040)

RECOMMENDATION

That Council:

1. Approves Development Application DA-790/2013 at 41 Greendale Road, Bringelly (Lot 5 DP 252040) for the Stage 2 development of the court-approved master plan in DA- 394/2011 for a non-denominational cemetery, subject to the recommended conditions of consent.

2. Notifies in writing, the persons who made a submission with regard to the proposed development.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Waller

That Council:

1. Delegates to the CEO to determine DA-790/2013 after meeting with the residents who made representations at this Council meeting to consider whether the approval is in accordance with the court order.

2. Notifies in writing, the persons who made a submission with regard to the proposed development.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton Clr Waller

Vote against: Clr Stanley

Mayor Mannoun called for a recess of Council at 8.24pm.

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Chairperson 26

Mayor Mannoun resumed the meeting at 8.47pm.

Clr Ristevski left the Chambers at 8.49pm.

ITEM NO: DAD 02 FILE NO: 234354.2014 SUBJECT: Draft planning agreeement in connection with DA-490/2013 Demolition of existing structures and erection of a seven storey commercial building at 220- 230 Northumberland Street, Liverpool

RECOMMENDATION

That Council:

1. Endorses the draft planning agreement and explanatory note in its current form and publicly exhibits the documents for a period of 28 days.

2. Delegates to the Chief Executive Officer (CEO), subject to consideration of any changes following public exhibition authority, to execute the planning agreement in the form that is publicly exhibited or with minor alterations.

3. Notes that if changes other than minor changes arise from the public exhibition process these will be reported back to Council.

4. Notes that this delegation is within the powers that can be dedicated under Section 377 of the Local Government Act 1993.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That Council:

1. Endorses the draft planning agreement and revised explanatory note as distributed to Councillors on 29 October 2014 and publicly exhibits the documents for a period of 28 days.

2. Delegates to the Chief Executive Officer (CEO), subject to consideration of any changes following public exhibition authority, to execute the planning agreement in the form that is publicly exhibited or with minor alterations.

3. Notes that if changes other than minor changes arise from the public exhibition process these will be reported back to Council.

4. Notes that this delegation is within the powers that can be dedicated under Section 377 of the Local Government Act 1993.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 27

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Shelton Clr Waller

Vote against: Clr Stanley

Clr Ristevski was not in the Chambers for the duration of this item.

Clr Ristevski returned to the Chambers at 8.54pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 28

ITEM NO: DAD 03 FILE NO: 241646.2014 SUBJECT: Voluntary Planning Agreement for DA-920/2012 at 10 Orange Grove Road, Warwick Farm, 5 Viscount Place, Warwick Farm, and 12 Homepride Avenue, Warwick Farm

RECOMMENDATION

That Council:

1. Notes the outcome of the exhibition period, being the receipt of one objection.

2. Notes the previous endorsement of the draft planning agreement made prior to the exhibition period.

3. Delegates to the Chief Executive Officer (CEO) the authority to execute the planning agreement in the form that was publicly exhibited.

4. Notes that this delegation is within the powers that can be dedicated under Section 377 of the Local Government Act 1993.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Hadchiti

That Council:

1. Notes the outcome of the exhibition period, being the receipt of one objection.

2. Notes the previous endorsement of the draft planning agreement made prior to the exhibition period.

3. Delegates to the Chief Executive Officer (CEO) the authority to execute the planning agreement in the form that was publicly exhibited.

4. Notes that this delegation is within the powers that can be dedicated under Section 377 of the Local Government Act 1993.

5. Notes that the funds are to go towards trees in the CBD.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 29

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton Clr Waller

Vote against: Clr Stanley

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CHIEF FINANCIAL OFFICER

ITEM NO: CFO 01 FILE NO: 217219.2014 SUBJECT: Amendments to the Statement of Revenue Policy (Fees and Charges) 2014- 15

RECOMMENDATION

That Council:

Adopts the following amendments to the Statement of Revenue Policy (Fees and Charges) 2014-2015:

1. The Hoarding Fee Structure of:

A class – Application fee of $250 and $25 per metre per month. B class – Application fee of $500 and $50 per metre per month.

2. The Major Planning Proposal fee of $35,000 plus cost recovery.

3. Amendments to several Development Application Fees.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 31

ITEM NO: CFO 02 FILE NO: 230489.2014 SUBJECT: Annual Pecuniary Interest Returns for Councillors and Designated Persons

RECOMMENDATION

That Council notes that the annual pecuniary interest returns of all Councillors and all designated persons, holding office or occupying positions, as at 30 June 2013, are tabled before Council under section 450A of the Local Government Act 1993.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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Chairperson 32

ITEM NO: CFO 03 FILE NO: 231923.2014 SUBJECT: Code of Conduct Complaints Report

RECOMMENDATION

That Council receives and notes this report and the attached Code of Conduct Complaints Statistics Report prepared for the Office of Local Government.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 33

ITEM NO: CFO 04 FILE NO: 233141.2014 SUBJECT: Council Meeting Dates - January to December 2015

RECOMMENDATION

That Council:

1. Confirms the Council meeting time as 6.00pm and Council meeting dates for the 2015 calendar year as follows:

 4 February 2015  25 February 2015  25 March 2015  29 April 2015  27 May 2015  24 June 2015  29 July 2015  26 August 2015  30 September 2015  28 October 2015  25 November 2015  16 December 2015

2. Places appropriate notices in the local newspapers advising the community of the dates and commencing times of Council meetings for the 2015 calendar year.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ristevski

That Council:

1. Confirms the Council meeting time as 6.00pm and Council meeting dates for the 2015 calendar year as follows:

 4 February 2015  25 February 2015  25 March 2015

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 34

 29 April 2015  26 May 2015 (Tuesday)  24 June 2015  29 July 2015  26 August 2015  30 September 2015  28 October 2015  25 November 2015  16 December 2015

2. Places appropriate notices in the local newspapers advising the community of the dates and commencing times of Council meetings for the 2015 calendar year.

On being put to the meeting the motion was declared CARRIED.

Clr Stanley asked that she be recorded as voting against the motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 35

ITEM NO: CFO 05 FILE NO: 235219.2014 SUBJECT: Investment Report September 2014

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 36

ITEM NO: CFO 06 FILE NO: 235230.2014 SUBJECT: Annual Financial Reports 2013/2014

RECOMMENDATION

That Council receives and adopts this report.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 37

ITEM NO: CFO 07 FILE NO: 237172.2014 SUBJECT: Australia Day Awards Recipient Policy

RECOMMENDATION

That Council adopt the proposed Australia Day Award Recipients Policy attached to this report.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That Council:

1. Adopt the proposed Australia Day Award Recipients Policy attached to this report.

2. Officers prepare a report to establish a category for Cultural and Arts Award in 2016.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 38

Clr Stanley left the Chambers at 8.55pm.

ITEM NO: CFO 08 FILE NO: 243485.2014 SUBJECT: CBA Credit Card Facility

RECOMMENDATION

That the Council approves increase of the aggregate credit limit on its CBA corporate credit card facility from $150k to $550k.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Clr Stanley returned to the Chambers at 9.03pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 39

ITEM NO: CFO 09 FILE NO: 246523.2014 SUBJECT: Order of Liverpool Awards

RECOMMENDATION

That Council:

1. Adopts the award recipients as recommended by the Order of Liverpool Advisory Committee as set out under separate cover, in the Confidential Booklet.

2. Notes that the Order of Liverpool Advisory Committee will be meeting again prior to the October Council meeting to consider applicants for the Companion of the Order of Liverpool (Gold) award, for recommendation to Council.

3. Announces the recipients of the Order of Liverpool on the morning of the 7 November (the date Liverpool was founded by Governor Lachlan Macquarie in 1810) and presents the awards on Australia Day.

4. Invites the winner of each category to major Council events held in that year as a dignitary and be acknowledged by the Mayor.

5. Adopts the following amendments to the Order of Liverpool Awards Policy:

 Reference to Gold, Silver and Bronze be removed from the Policy and the category of Awards to be:

i. Companion of the Order of Liverpool ii. Officer of the Order of Liverpool iii. Member of the Order of Liverpool

 Review Council’s change to the Policy (from October 2013) that only one medal is awarded in each category and amend the Policy to allow for no more than three Companion of the Order of Liverpool Awards each year, and no more than six Officer of the Order of Liverpool and six Member of the Order of Liverpool awards each year.

 The following Clause be removed from Clause 13 – Movement between Awards:

“Movement between Awards has a three year minimum period. For example, a recipient of a Bronze Award is not eligible for a Silver Award for three years”.

6. Keeps confidential the details of the nominees supplied under separate cover containing information pursuant to the provisions of 10s(A)(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than Councillors)

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 40

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadid

That Council: 1. Adopts the award recipients as recommended by the Order of Liverpool Advisory Committee as set out under separate cover in the Confidential Booklet and in the additional informatin supplied to Councillors on 29 October 2014 (following the Order of Liverpool Advisory Committee meeting held on 29 October 2014).

2. Announces the recipients of the Order of Liverpool on the morning of the 7 November (the date Liverpool was founded by Governor Lachlan Macquarie in 1810) and presents the awards on Australia Day.

3. Invites the winner of each category to major Council events held in that year as a dignitary and be acknowledged by the Mayor.

4. Adopts the following amendments to the Order of Liverpool Awards Policy:

 Reference to Gold, Silver and Bronze be removed from the Policy and the category of Awards to be:

i. Companion of the Order of Liverpool ii. Officer of the Order of Liverpool iii. Member of the Order of Liverpool

 Review Council’s change to the Policy (from October 2013) that only one medal is awarded in each category and amend the Policy to allow for no more than three Companion of the Order of Liverpool Awards each year, and no more than six Officer of the Order of Liverpool and six Member of the Order of Liverpool awards each year.

 The following Clause be removed from Clause 13 – Movement between Awards:

“Movement between Awards has a three year minimum period. For example, a recipient of a Bronze Award is not eligible for a Silver Award for three years”.

5. Keeps confidential the details of the nominees supplied under separate cover containing information pursuant to the provisions of 10s(A)(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than Councillors).

6. Refer the revised Order of Liverpool Awards Policy to the December 2014 Council meeting following further review by the Mayor and interested Councillors.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 41

COMMUNITY AND CULTURE REPORT

ITEM NO: DCC 01 FILE NO: 196453.2014 SUBJECT: Donations, Grants and Sponsorships

RECOMMENDATION

That Council:

1. Endorses the Financial Contribution Panel's recommendations for the provision of $1,000 under the Sporting Donations Program as summarised in the table below:

Applicant Name Amount Zac McFarland $200 Ryan Whitley $500 Mereana Peyroux $200 Jack Kemp $100

2. Endorses the Financial Contribution Panel's recommendations for the provision of $300 under the Community Donations Program – School Donations as summarised in the table below:

School Amount William Carey Christian School $100 Lurnea High School $100 Ashcroft High School $100

3. Endorses the Financial Contributions Panel's recommendations for the provision of $5,500 under the Corporate Sponsorship Program as summarised in the table below:

Applicant Name Amount Combined Churches of Liverpool $5,500

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Stanley

That Council:

1. Endorses the Financial Contribution Panel's recommendations for the provision of $1,000 under the Sporting Donations Program as summarised in the table below:

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 42

Applicant Name Amount Zac McFarland $200 Ryan Whitley $500 Mereana Peyroux $200 Jack Kemp $100

2. Endorses the Financial Contribution Panel's recommendations for the provision of $300 under the Community Donations Program – School Donations as summarised in the table below:

School Amount William Carey Christian School $100 Lurnea High School $100 Ashcroft High School $100

3. Endorses the Financial Contributions Panel's recommendations for the provision of $5,500 under the Corporate Sponsorship Program as summarised in the table below:

Applicant Name Amount Combined Churches of Liverpool $5,500

4. Grant $5,000 to Busby West Public School for a purpose built playground and kitchen facilities in their Busby premises and that this be funded from the Council reserve.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 43

ITEM NO: DCC 02 FILE NO: 234518.2014 SUBJECT: Quarterly Report on Compliments and Complaints

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

1. That Council receives and notes this report.

2. As part of Council’s policy review, this report be deleted from future Council Agendas until a more rigorous system is implemented which will provide a better indication on how Council is performing in terms of delivery of services.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 44

ITEM NO: DCC 03 FILE NO: 237399.2014 SUBJECT: Biographical Information on Len Waters

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 45

ITEM NO: DCC 04 FILE NO: 237524.2014 SUBJECT: Sponsorship of ANZAC Day 2015 Commemoration Event

RECOMMENDATION

That Council:

1. Approve sponsorship of $10,000 (GST exclusive) from the Australian Defence Credit Union for the 2015 Anzac Day commemorative event; and

2. Approve sponsorship of $10,000 (GST exclusive) from the Liverpool Catholic Club for the 2015 Anzac Day commemorative event.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 46

ITEM NO: DCC 05 FILE NO: 238525.2014 SUBJECT: Draft Liverpool Ageing Strategy and Action Plan 2014 - 2017

RECOMMENDATION

That Council:

1. Places the draft Ageing Strategy and Action Plan 2014-2017 on public exhibition for a period of 28 days inviting public submissions.

2. Receives a further report on the Ageing Strategy and Action Plan 2014-2017 following the public exhibition period and providing a final Strategy for adoption.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 47

ITEM NO: DCC 06 FILE NO: 216181.2014 SUBJECT: Liverpool Youth Council Annual Report 2013-2014

RECOMMENDATION

That Council:

1. Supports representatives from the 2012-2014 Youth Council to present the Liverpool Youth Council Annual Report 2013-2014 in open session of Council.

2. Receives and notes the Liverpool Youth Council Annual Report 2013-2014 and thanks its members for their contributions, including those of Councillor Wendy Waller and Councillor Sabrina Mamone.

COUNCIL DECISION

Motion: Moved: Clr Mamone Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 48

ECONOMY AND ENGAGEMENT REPORT

ITEM NO: DEE 01 FILE NO: 199712.2014 SUBJECT: Sister City Relationship Options

RECOMMENDATION

That Council:

1. Notes the current nature and status of sister city relationships with Toda, Liverpool UK, Liverpool New York, Calabria and Narromine.

2. Notes the report outlining the options and considerations in establishing a Sister City relationship or similar arrangement in China

3. As a first step in establishing global linkages pursue a partnership with education institutions in Liverpool to promote Liverpool as a place for international students to study and as a place to invest.

COUNCIL DECISION

Motion: Moved: Clr Balloot Seconded: Clr Ristevski

That Council:

1. Notes the current nature and status of sister city relationships with Toda, Liverpool UK, Liverpool New York, Calabria and Narromine.

2. Notes the report outlining the options and considerations in establishing a Sister City relationship or similar arrangement in China

3. As a first step in establishing global linkages pursue a partnership with education institutions in Liverpool to promote Liverpool as a place for international students to study and as a place to invest.

4. Be provided with a presentation at a Councillor Briefing Session in relation to the student exchange program with Toda.

On being put to the meeting the motion was declared CARRIED.

Clr Mamone left the Chambers at 9.21pm.

Clr Mamone returned to the Chambers at 9.23pm.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 49

ITEM NO: DEE 02 FILE NO: 239164.2014 SUBJECT: Master Plan for Woodward Park Precinct

RECOMMENDATION

That Council:

1. Allocate an additional $50,000 to allow a more comprehensive Master Plan for the Woodward Park precinct to be developed while preserving Council’s independence

2. Invite the adjoining property owners to participate and contribute to the development of the Master Plan

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Mamone Clr Ristevski

Vote against: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 50

ITEM NO: DEE 03 FILE NO: 246008.2014 SUBJECT: Community and Business Representation – Liverpool Council’s Badgerys Creek Airport Taskforce report

RECOMMENDATION

That Council appoints the two representatives recommended in the confidential report to positions on the Badgerys Creek Airport Taskforce.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Stanley

That Council appoints the representatives as listed as No 5, 11 and 12 (in the confidential report provided to Councillors) to positions on the Badgerys Creek Airport Taskforce.

Foreshadowed Motion: Moved: Clr Ristevski Seconded: Clr Hadchiti

That Council appoints the representatives as listed as No 1, 2, 5, 6, 9 and 11 (in the confidential report provided to Councillors) as community and business representatives of the Badgerys Creek Airport Taskforce and amend the Committee Charter to reflect the change to membership.

On being put to the meeting the motion (by Clr Waller) was declared LOST. The foreshadowed motion (by Clr Ristevski) then became the motion and on being put to the meeting was declared CARRIED.

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Mamone Clr Ristevski

Vote against: Clr Karnib Clr Shelton Clr Stanley Clr Waller

9:30pm EXTENSION OF TIME TO CONTINUE MEETING

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That an extension of time of 30 minutes be granted to continue the meeting.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 51

PLANNING AND GROWTH REPORT

Clr Mamone left the Chambers at 9.41.

ITEM NO: DPG 01 FILE NO: 198625.2014 SUBJECT: Draft Liverpool Local Environmental Plan 2008 (Amendment 47) - Rezoning of 115, 125, 135 and 215 Croatia Avenue, Edmondson Park and Liverpool Development Control Plan 2008 (Draft Amendment 14)

RECOMMENDATION

That Council:

1. Proceeds to make LLEP 2008 (Amendment 47) and refers it to the NSW Department of Planning and Environment for the plan to be published on the NSW Government legislation website.

2. Adopts LDCP 2008 (Draft Amendment 14) in accordance with section 21 of the Environment Planning and Assessment Regulation 2000 to come into effect on the publication of the required notice in the local newspaper.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Vote for: Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Ristevski Clr Shelton Clr Stanley Clr Waller

Vote against: Mayor Mannoun

Clr Mamone was out of the Chambers for the duration of this item.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 52

Clr Mamone returned to the Chambers at 9.50pm.

ITEM NO: DPG 02 FILE NO: 147771.2014 SUBJECT: Review of the Industrial Zones in the Liverpool Local Environmental Plan 2008

RECOMMENDATION

That Council:

1. Endorses the revised zone objectives, permissible uses and proposed rezoning in this report;

2. Prepares a Planning Proposal to amend the industrial zones and maps in accordance with this report; forwards the Planning Proposal to NSW Planning and Environment for Gateway determination and proceeds to public exhibition following the issue of a Gateway determination.

3. Undertakes an industrial lands study and revises the Industrial Lands Strategy in the future.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadchiti

1. That this report be deferred.

2. That Council officers report back to the next Council meeting outlining a plan for the full review of LLEP 2008 including costings.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 53

PROPERTY AND COMMERCIAL DEVELOPMENT REPORT

ITEM NO: DPC 01 FILE NO: 219845.2014 SUBJECT: Draft Voluntary Planning Agreement between Liverpool City Council and Mr Jim Ho Shon, Mrs Elsa Theresa Ho Shon and Mr Tom Ho Shon, Lot 2 DP 876487, Pine Road, Casula

RECOMMENDATION

That Council:

1. Publicly Exhibits the draft Planning Agreement between Liverpool City Council and Mr Jim Ho Shon, Mrs Elsa Theresa Ho Shon and Mr Tom Ho Shon for a minimum of 28 days;

2. Agrees to the land swap, compensation and off-set road work amounts as contained in the draft Planning Agreement;

3. Notes that the square metre areas of the relevant parcels to be swapped and or acquired are approximate and subject to a final survey. Council approves acquisition, land swap and construction costs on a dollar per square metre basis as outlined in the draft Planning Agreement;

4. Delegates to the Chief Executive Officer (or Acting), subject to considerations of any changes following public exhibition, to enter into and execute the Planning Agreement in the form that it is publicly exhibited or with minor alterations;

5. Notes that if changes, other than those considered to be minor or typographical and or grammatical corrections, arise from the public exhibition process that these will be reported back to Council;

6. If executed, agrees that funding for land acquisitions and land swaps be sourced from Council’s Section 94 Contribution Plan; and

7. Keeps confidential the attachment supplied under separate cover containing the details of negotiations pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 54

ITEM NO: DPC 02 FILE NO: 216245.2014 SUBJECT: Compulsory acquisition of a part of Lot 10 DP 881265, Mill Park, Casula by the Rail Corporation of New South Wales

RECOMMENDATION

That Council:

1. Accepts the Valuer General’s Determination of Compensation for the compulsory acquisition of a part of Lot 10 DP 881265, Mill Park, Casula as outlined in the confidential attachment;

2. Keeps confidential the attachment supplied under separate cover containing the Valuer General’s Determination, pursuant to the provision of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business;

3. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision; and

4. Transfers the compensation amount into the Property Development Reserve.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 55

ITEM NO: DPC 03 FILE NO: 229913.2014 SUBJECT: Dedication of Lot 6020 DP 1143651, Moondarra Drive, West Hoxton to Council

RECOMMENDATION

That Council:

1. Accepts the dedication of Lot 6020 DP 1143651, Moondarra Drive, West Hoxton comprising an area of 445.5 square metres at no cost;

2. Agrees to classify proposed Lot 300 in the Plan of Consolidation of Lot 577 and Lot 578 DP 1017999 and Lot 6020 DP 1143651 as ‘Operational’ land in accordance with the Local Government Act 1993; and

3. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 56

ITEM NO: DPC 04 FILE NO: 238187.2014 SUBJECT: Acquisition of Lot 1104 DP 2475, 75 Fifth Avenue, Austral for open space purposes

RECOMMENDATION

That Council adopts the recommendations contained in the confidential attachment.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 57

COMMITTEE REPORTS

Motion: Moved: Clr Ristevski Seconded: Clr Hadid

That:

1. All Committee reports be moved and adopted as a whole, except Items CTTE 03, CTTE 04 and CTTE 07.

2. Council appoint Councillor Ali Karnib as a full member to the following Committees:

 Badgerys Creek Taskforce  Budget and Finance  Building Our New City  Economic development and events  Multicultural Advisory  And makes any relevant amendments to committee Charters

On being put to the meeting the motion was declared CARRIED.

ITEM NO: CTTE 01 FILE NO: 047885.2014 SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 3 September 2014

RECOMMENDATION

1. The Minutes of the Aboriginal Consultative Committee Meeting held on 3 September 2014 are attached for the information of Council.

2. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 58

ITEM NO: CTTE 02 FILE NO: 182410.2014 SUBJECT: Heritage Advisory Committee Minutes 5 August 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Heritage Advisory Committee Meeting held on 5 August 2014.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 59

ITEM NO: CTTE 03 FILE NO: 234421.2014 SUBJECT: Local Traffic Committee Minutes of Meeting held on 24 September 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Local Traffic Committee Meeting held on 24 September 2014.

2. Adopts the following recommendations of the Local Traffic Committee meeting:

Item 1 Intersection of Hoxton Park Road and Lyn Parade, Prestons – Traffic Conditions i. Supports dual right lane turn configuration in principle from Lyn Parade into Hoxton Park Road (that is middle lane as exclusive right turn lane and the kerb side lane as a shared left and right turn lane). ii. Supports the installation of appropriate pavement markings in principle to delineate dual right turn lane configuration from Lyn Parade. iii. Revised traffic signal plan to be submitted to RMS for approval. iv. Stakeholders be advised accordingly of Council’s resolution.

Item 2 Kurrajong Road, Casula – Proposed Linemarking Modification of the section between Hume Highway and Old Kurrajong Road i. Supports the signposting and line marking plan. ii. Stakeholders be advised accordingly of Council’s resolution.

Item 3 Bangalla Avenue, Chipping Norton – Traffic Conditions i. Due to the existing low speed environment and traffic volume, traffic calming devices are not required in Bangalla Avenue. ii. The Police be requested to monitor speeding in Bangalla Avenue. iii. The Local Member for Menai is advised of Council’s decision.

Item 4 Regentville Drive, Elizabeth Hills – Signposting and Linemarking Plan i. Supports the submitted signposting and line marking plan with the following changes:  Double White Barrier Lines (BB lines) as 10m from kerb return or 10m on approach to pram-ramps whichever is greater at all intersections.  Delete the proposed continuity line (C1) marking at all the standard ‘T’ intersections.  Extend yellow No Stopping line marking (C3) at least 6m beyond ‘BB’ line to allow weaving-in of overtaking vehicles without

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 60

running over BB lines.  To ensure appropriate traffic flow No Stopping restrictions are to be installed on both sides at the proposed BB lines at 90° bend. ii. The applicant be advised of Council’s decision.

Item 5 Edmondson Park – Minor Intersection Treatments i. Supports the submitted signposting and line marking plan with the following changes:  Double White Barrier Lines (BB lines) as 10m from kerb return or 10m on approach to pram-ramps whichever is greater at all intersections.  Delete the proposed continuity line (C1) marking at all the standard ‘T’ intersections.  To ensure appropriate traffic flow No Stopping restrictions are to be installed on both sides at the proposed BB lines at 90° bend.  Extend C3 yellow line marking by at least 6m beyond BB line to allow weaving-in of overtaking vehicles without running over BB lines.  The proposed Stop signs at the intersection of Roads 7 and 10 is not supported as the intersection is a standard ‘T’ intersection and there is no indication of sight distance restriction.  Give Way intersection control at the intersection of Roads 7 and 12 due to the intersection layout.  No Stopping signs on both sides of Holiday Avenue and Faulkner Way at the 90° bend. ii. The applicant be advised of Council’s decision.

Item 6 Laneway between Norfolk Street and Norfolk Serviceway, Liverpool - Proposed Parking Restriction i. Supports the introduction of the proposed parking restrictions for a six months trial period in the laneway between Norfolk Street and Norfolk Serviceway, Liverpool. ii. Stakeholders be advised of Council’s decision.

Item 7 Northumberland Street, Liverpool – Annual Diwali Mela Special Event – Classification of Event i. Supports the annual Diwali Mela as a Class 3 special event. ii. The applicant to comply with class 3 special event conditions including submission of a Special Event Transport Management Plan to Council. iii. Stakeholders be advised of Council’s decision.

Item 8 White Ribbon Day March – 24 November 2014 – Classification of Event i. Supports the White Ribbon Day event as a Class 4 event. ii. The rolling road closure be managed by the NSW Police Force.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 61

iii. Motorists to be advised about expected traffic delays by variable messages signs. iv. Stakeholders be advised of Council’s decision.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

That Council:

1. Receives and notes the Minutes of the Local Traffic Committee Meeting held on 24 September 2014.

2. Adopts the following recommendations of the Local Traffic Committee meeting:

Item 1 Intersection of Hoxton Park Road and Lyn Parade, Prestons – Traffic Conditions i. Supports dual right lane turn configuration in principle from Lyn Parade into Hoxton Park Road (that is middle lane as exclusive right turn lane and the kerb side lane as a shared left and right turn lane). ii. Supports the installation of appropriate pavement markings in principle to delineate dual right turn lane configuration from Lyn Parade. iii. Revised traffic signal plan to be submitted to RMS for approval. iv. Stakeholders be advised accordingly of Council’s resolution.

Item 2 Kurrajong Road, Casula – Proposed Linemarking Modification of the section between Hume Highway and Old Kurrajong Road i. Supports the signposting and line marking plan. ii. Stakeholders be advised accordingly of Council’s resolution.

Item 3 Bangalla Avenue, Chipping Norton – Traffic Conditions i. Due to the existing low speed environment and traffic volume, traffic calming devices are not required in Bangalla Avenue. ii. The Police be requested to monitor speeding in Bangalla Avenue. iii. The Local Member for Menai is advised of Council’s decision.

Item 4 Regentville Drive, Elizabeth Hills – Signposting and Linemarking Plan i. Supports the submitted signposting and line marking plan with the following changes:  Double White Barrier Lines (BB lines) as 10m from kerb return or 10m on approach to pram-ramps whichever is greater at all intersections.  Delete the proposed continuity line (C1) marking at all the standard ‘T’ intersections.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 62

 Extend yellow No Stopping line marking (C3) at least 6m beyond ‘BB’ line to allow weaving-in of overtaking vehicles without running over BB lines.  To ensure appropriate traffic flow No Stopping restrictions are to be installed on both sides at the proposed BB lines at 90° bend. ii. The applicant be advised of Council’s decision.

Item 5 Edmondson Park – Minor Intersection Treatments i. Supports the submitted signposting and line marking plan with the following changes:  Double White Barrier Lines (BB lines) as 10m from kerb return or 10m on approach to pram-ramps whichever is greater at all intersections.  Delete the proposed continuity line (C1) marking at all the standard ‘T’ intersections.  To ensure appropriate traffic flow No Stopping restrictions are to be installed on both sides at the proposed BB lines at 90° bend.  Extend C3 yellow line marking by at least 6m beyond BB line to allow weaving-in of overtaking vehicles without running over BB lines.  The proposed Stop signs at the intersection of Roads 7 and 10 is not supported as the intersection is a standard ‘T’ intersection and there is no indication of sight distance restriction.  Give Way intersection control at the intersection of Roads 7 and 12 due to the intersection layout.  No Stopping signs on both sides of Holiday Avenue and Faulkner Way at the 90° bend. ii. The applicant be advised of Council’s decision.

Item 6 (Note: Council did not support the Local Traffic Committee’s recommendation in relation to Item 6.)

Item 7 Northumberland Street, Liverpool – Annual Diwali Mela Special Event – Classification of Event i. Supports the annual Diwali Mela as a Class 3 special event. ii. The applicant to comply with class 3 special event conditions including submission of a Special Event Transport Management Plan to Council. iii. Stakeholders be advised of Council’s decision.

Item 8 White Ribbon Day March – 24 November 2014 – Classification of Event i. Supports the White Ribbon Day event as a Class 4 event. ii. The rolling road closure be managed by the NSW Police Force. iii. Motorists to be advised about expected traffic delays by variable messages signs.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 63

iv. Stakeholders be advised of Council’s decision.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 64

ITEM NO: CTTE 04 FILE NO: 234870.2014 SUBJECT: Street Naming Committee Meeting 7 October 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Street Naming Committee Meeting held on 7 October 2014.

2. Endorses the proposed street names for the New Brighton development, and proceeds to advertising and gazettal, subject to consideration of any objections received.

3. Submits an application to the Geographical Names Board to name an unnamed park in Middleton Grange ‘Agazio Riitano Pond’.

4. Resolves not to rename Kirkpatrick Boyland Park.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadid

That Council:

1. Receives and notes the Minutes of the Street Naming Committee Meeting held on 7 October 2014.

2. Endorses the proposed street names for the New Brighton development, and proceeds to advertising and gazettal, subject to consideration of any objections received.

3. Submits an application to the Geographical Names Board to name an unnamed park in Middleton Grange ‘Agazio Riitano Pond’.

4. Resolves not to rename Kirkpatrick Boyland Park.

5. That the City of Liverpool Sub Branch of the RSL be advised of the Council’s decision and that the City of Liverpool Sub Branch of the RSL be invited to meet with the Council to further discuss a suburb name to Badcoe VC as well as a location for the Memorial Park.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 65

ITEM NO: CTTE 05 FILE NO: 235915.2014 SUBJECT: Ethics and Audit Committee meetings held on 23 July 2014 and 8 October 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Ethics and Audit Committee Meetings held on 23 July 2014 and 8 October 2014;

2. Adopts the recommendation put forward in the confidential report provided under separate cover; and

3. Keeps confidential the minutes supplied under separate cover containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 66

ITEM NO: CTTE 06 FILE NO: 237456.2014 SUBJECT: No Intermodal Committee Meeting Minutes 7 October 2014

RECOMMENDATION

That Council receives and notes the Minutes of the No Intermodal Committee Meeting held on 7 October 2014.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 67

ITEM NO: CTTE 07 FILE NO: 237705.2014 SUBJECT: Key Sites Master Planning Steering Committee Minutes from meeting held 7 October 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 7 October 2014.

2. Adopts the recommendation put forward in this report.

3. Keeps confidential the minutes supplied under separate cover containing information pursuant to the provisions of s10A(2) (c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposed to conduct) business.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 68

ITEM NO: CTTE 08 FILE NO: 228078.2014 SUBJECT: Liverpool Sports Committee Minutes of Meeting 31 July 2014

RECOMMENDATION

That Council receives and notes the minutes of the Liverpool City Sports Committee held on 31 July 2014.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 69

CORRESPONDENCE REPORTS

ITEM NO: CORR 01 FILE NO: 076544.2014 SUBJECT: Incoming and Outgoing Correspondence Report

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 70

QUESTIONS WITH NOTICE

ITEM NO: QWN 01 FILE NO: 245810.2014 SUBJECT: Question with Notice - Mayor Mannoun

Please address the following:

1. What does it cost council to be part of LGNSW?

2. What tangible benefits has council received from its membership?

3. What are the benefits if council withdraws its membership from LGNSW?

A response to these questions will be provided in the November Business Papers.

THE MEETING CLOSED AT 10.03pm

Name: Ned Mannoun

Title: Mayor

Date: 26 November 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 29 October 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Minutes of the Ordinary Council Meeting held on Wednesday, 29 October 2014 and confirmed on Wednesday, 26 November 2014

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Chairperson 1

MINUTES OF THE ORDINARY MEETING HELD ON 26 NOVEMBER 2014

PRESENT: Mayor Ned Mannoun Councillor Balloot Councillor Hadchiti Councillor Hadid (Arrived at 6.04pm) Councillor Harle Councillor Karnib Councillor Ristevski Councillor Shelton Councillor Stanley Councillor Waller Mr Carl Wulff Chief Executive Officer Mr Gary Grantham, Chief Financial Officer Ms Toni Averay, Director Planning and Growth Ms Kiersten Fishburn, Director Community and Culture Mr Gino Belsito, Director City Presentation Mr Michael Cullen, Director Economy and Engagement Mr Raj Autar, Director Infrastructure and Environment Ms Carole Todd, Director Business Improvement Mr John Morgan, Director Property and Commercial Development

The meeting commenced at 6.00pm

OPENING 6.00pm

PRAYER The prayer of the Council was read by Very Reverend Father Georgious Ramandious from the Coptic Orthodox Church, Liverpool.

APOLOGIES Clr Mamone

Motion: Moved: Clr Hadchiti Seconded: Clr Ristevski

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 2

CONDOLENCES Nil

CONFIRMATION OF MINUTES

Motion: Moved: Clr Harle Seconded: Clr Karnib

That the minutes of the Ordinary Meeting held on 29 October 2014 be confirmed as a true record of that meeting.

On being put to the meeting the motion was declared CARRIED.

DECLARATIONS OF INTEREST

Clr Shelton declared a non pecuniary, less than significant interest in the following item:

Item DCC 02: Request for Rental Waiver - The City of Liverpool and District Historical Society Inc. Reason: Clr Shelton is a paid-up member of the City of Liverpool and District Historical Society Inc.

Clr Shelton left the Chambers for the duration of this Item.

PUBLIC FORUM

(Presentation – Items not on agenda)

Nil

(Representation – Items on agenda)

Nil

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 3

MAYORAL MINUTE

SUBJECT: Austral Progress Association

Austral Progress Association is not for profit organisation which has been established for many decades servicing part of the rural community.

It currently owns the HJ Starr Hall at Edmondson Ave Austral which was donated by the Starr family in memory of Herbert Starr.

Over 20 years ago Council contributed funds to the association to upgrade the Hall. In doing so, Council placed a charge over the property so that if it was on sold Council could recoup the funds.

A MOU was agreed upon several years ago but was never entered into due to some unknown reason. Part of that MOU was for Council to make a yearly financial contribution towards the association.

The association is now proposing constructing a security fence around the front of the premises. Of recent time they have started to face issues where parties are being held uninvited guests are entering the premises.

RECOMMENDATION:

That Council:

1. Contribute from Council Reserves $5,000 for the erection of the security fence at the HJ Starr Hall.

2. Organise to meet with the Association to discuss the ‘Charge’ over the property and also the MOU which has never been entered into.

MOTION: Moved: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 4

MAYORAL MINUTE

SUBJECT: Building Our New City Promotion

I have been encouraged by the sight of investment returning to the Liverpool CBD, and the significant projects that have made people reconsider Liverpool as a place for investment.

The opportunity to live, work, and play by the beautiful Georges River is one that people are starting to appreciate. The enthusiasm and optimism that this is generating is attracting growth that will revitalise our CBD and provide new amenity and lifestyle to residents both existing and new.

The cranes that dot the skyline of Liverpool are the most visible sign of the rebirth of this city, and are a tangible expression of the progress that is being made to Build Our New City. In addition, these building sites’ hoarding is an opportunity for promotion of Liverpool as an investment destination.

We can harness and promote this energy to ensure that more investors and residents see Liverpool as a place worth investing in and worth living in. The Building Our New City program and branding is key to the future of Liverpool, and this is an opportunity for inexpensive and highly-visible branding of this program.

I propose that Council seek to make use of these visible markers of Liverpool’s growth to promote further the Building Our New City brand to encourage greater awareness of and optimism for investment in Liverpool.

RECOMMENDATION:

That Council:

1. Approach sites with prominent cranes and hoardings to host branding that promotes Building Our New City, to maximise the exposure of the Building Our New City program and awareness of the revitalisation of Liverpool.

2. Authorise the CEO to produce branding from the Councillors Reserve that can be affixed to cranes and hoardings in prominent sites deemed to be of high visibility and significance in terms of the Building Our New City branding.

MOTION: Moved: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 5

MAYORAL MINUTE

SUBJECT: Liverpool Hospital Cancer Research

On the 31st of October, I attended the Cabramatta/Cabra-vale Lions club fundraising event for Liverpool Hospital Cancer research. The event highlighted the need for investment into cancer research, and the important work being undertaken by community organisations to support our hospital and its work.

I was impressed by the dedication of the Cabramatta/Cabra-vale Lions club and the assistance of Ibis Style Hotel in undertaking this fundraiser, and glad to see community organisations seeking to supplement the work being undertaken at Liverpool Hospital. I was touched by the stories of those whose lives could be improved by further research by our dedicated medical professionals in this field.

The focus of the fundraiser was on raising a sum of $17,000, and I have subsequently received a request for Liverpool Council to donate $2,250 to bring the total raised at that event to that amount. The event was successful in raising $14,750 of their fundraising goal of $17,000. Such a fundraiser is significant in the quantum it was able to raise, and this should be commended and encouraged.

I propose that Council commend and assist in a modest way in support this fundraising effort that will benefit our local hospital.

RECOMMENDATION:

That Council:

1. Congratulate the Lions Club of Cabramatta/Cabra-vale and the Ibis Style Hotel on their work in raising funds for the purpose of research into circulating tumour cells at our local hospital here in Liverpool.

2. Authorise the CEO to provide $2,250 from the Councillors Reserve to the Cabramatta/Cabra-vale Lions club to complete their fundraising of their donation to Liverpool Hospital Cancer research in the department of Head and Neck Surgery for them to undertake this work.

MOTION: Moved: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 6

MAYORAL MINUTE

SUBJECT: City Activation

As part of the activation of the City, it is important to encourage people to see the potential in public places and be part of the process of change and activation. To that end, the Building Our New City committee has undertaken steps to make it easier for those bringing short- term activation ideas to Liverpool to advance their proposals in ways that allow both individuals and Council to test ideas and see what works.

In addition to that, some activation activities need to be driven by Council especially as we are approaching a key time for change in relation to iconic sites in Liverpool, such as the Macquarie Street Mall and the George’s River. Activating a space helps change behaviour and business investment, which add value to public investments.

This minute has been informed by the work of Professor Ed Blakely, who has been assisting Council on its programme to activate the City and improve its key sites in the public domain. His work has showed the need to provide early and easy activation ideas that can increase the value of our civic improvements.

As well as the private ideas that we are trying to facilitate, there may be a role for Council-led activities to activate the Mall and River at a time of change. Encouraging people to use the Mall outside of business hours is a key priority of the Mall project, and activation activities such as live sites, film nights, and other activities could assist in this process.

I propose that Council authorise the CEO a modest budget to fund activation activities over the period of the renewal of the Mall.

RECOMMENDATION:

That Council authorise the CEO to use $30,000 from the Councillors Reserve to fund activation projects in the Mall and on the Georges River on a needs basis to fill gaps in city activation throughout the renewal of the Mall.

MOTION: Moved: Mayor Mannoun

That:

1. Council authorise the CEO to use $30,000 from the Councillors Reserve to fund activation projects in the Mall and on the Georges River on a needs basis to fill gaps in city activation throughout the renewal of the Mall.

2. The CEO report back to Council at an appropriate time on the effectiveness of this program.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 7

MAYORAL MINUTE

SUBJECT: Rescheduling of December Council meeting

RECOMMENDATION:

That Council move the Council meeting scheduled for 17 December 2014 and bring forward the meeting to Tuesday, 16 December 2014 at 6pm.

Motion: Moved: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Clr Stanley and Clr Shelton asked that they be recorded as voting against the resolution.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 8

NOTICES OF MOTION

ITEM NO: NOM 01 FILE NO: 273919.2014 SUBJECT: Pedestrian Crossing Flowerdale Road Liverpool

NOTICE OF MOTION

That Council:

1. Investigate the provision of a pedestrian crossing or similar warning opportunities for pedestrians using this road.

2. Fund the crossing and any associated works from the Councillor reserve.

3. Complete the work in this financial year.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Stanley

That Council investigate the provision of a pedestrian crossing or similar warning opportunities for pedestrians using this road, and refer the matter to the Traffic Committee for consideration.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 9

ITEM NO: NOM 02 FILE NO: 273976.2014 SUBJECT: Comments made by Penrith Councillor regarding Islamic Community of Liverpool

NOTICE OF MOTION

That Council direct the CEO to write to Penrith Council Mayor immediately on behalf of the residents of Liverpool seeking an apology and retraction of the incorrect statements made by Councillor Marcus Cornish, Penrith Councillor.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That Council direct the CEO to write to Penrith Council Mayor immediately on behalf of the residents of Liverpool seeking clarification of the attitude of Penrith Council regarding their neighbour Councils and ask for an apology and retraction from Penrith Councillor Marcus Cornish.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 10

ITEM NO: NOM 03 FILE NO: 274044.2014 SUBJECT: Sponsorship of the Luddenham Show

NOTICE OF MOTION

That Council:

1. Approves the donation of $2000 to the Luddenham Show 2015 commensurate with their ‘champion’ sponsorship package.

2. Supports the event through Council’s advertising and media channels including but not limited to social media and Council’s website.

3. Writes to the President of the Luddenham AH&I Society Inc. thanking them for considering us as potential sponsors and notifying them of our intention to sponsor.

COUNCIL DECISION

Motion: Moved:Clr Harle Seconded: Clr Hadchiti

That Council:

1. Approves the donation of $5000 to the Luddenham Show 2015 commensurate with their ‘supreme’ sponsorship package.

2. Supports the event through Council’s advertising and media channels including but not limited to social media and Council’s website.

3. Writes to the President of the Luddenham AH&I Society Inc. thanking them for considering us as potential sponsors and notifying them of our intention to sponsor.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 11

ITEM NO: NOM 04 FILE NO: 274502.2014 SUBJECT: Train service from Liverpool to Sydney CBD

NOTICE OF MOTION

That Council:

1. Calls upon the NSW Government to plan for an express train service from Liverpool to the Sydney CBD.

2. Calls upon Council to circulate a petition to advocate for an express train service from Liverpool to the Sydney CBD.

3. Authorises the CEO to utilise the communications of council to publicise the aforementioned petition.

4. Notes the significant capital investment in the Sydney Trains network that is currently underway, and the planned upgrades that are connected to the proposed leasing of the poles and wires in NSW.

5. Notes that when the line to Liverpool was electrified a train from Liverpool to Central station would to take 45 minutes, and now most trains from Liverpool to Central station take more than 50 minutes.

6. Notes that with the opening of the South West Rail Link, that more services will be arriving in Liverpool CBD for residents hoping to be connected to employment options by public transport.

7. Notes that travel times have a direct impact upon the attractiveness of Liverpool as a place to live, and on the quality of life of residents of our City, and that a faster connection to the Sydney CBD.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Stanley

That Council:

1. Calls upon the NSW Government to plan for an express train service from Liverpool to the Sydney CBD.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 12

2. Calls upon Council to circulate a petition to advocate for an express train service from Liverpool to the Sydney CBD.

3. Authorises the CEO to utilise the communications of council to publicise the aforementioned petition.

4. Notes with regret that the planned upgrade is connected to the proposed leasing of the poles and wires in NSW.

5. Notes that when the line to Liverpool was electrified a train from Liverpool to Central station would take 45 minutes, and now most trains from Liverpool to Central station take more than 50 minutes.

6. Notes that with the opening of the South West Rail Link, more services will be arriving in Liverpool CBD for residents hoping to be connected to employment options by public transport.

7. Notes that travel times have a direct impact upon the attractiveness of Liverpool as a place to live, and on the quality of life of residents of our City, and that a faster connection to the Sydney CBD.

Foreshadowed motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That Council:

1. Calls upon the NSW Government to plan for an express train service from Liverpool to the Sydney CBD.

2. Calls upon Council to circulate a petition to advocate for an express train service from Liverpool to the Sydney CBD.

3. Authorises the CEO to utilise the communications of council to publicise the aforementioned petition.

4. Notes the significant capital investment in the Sydney Trains network that is currently underway, and the planned upgrades that are connected to the proposed leasing of the poles and wires in NSW.

5. Notes that when the line to Liverpool was electrified a train from Liverpool to Central station would to take 45 minutes, and now most trains from Liverpool to Central station take more than 50 minutes.

6. Notes that with the opening of the South West Rail Link, more services will be arriving in Liverpool CBD for residents hoping to be connected to employment options by public transport.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 13

7. Notes that travel times have a direct impact upon the attractiveness of Liverpool as a place to live, and on the quality of life of residents of our City, and that a faster connection to the Sydney CBD.

8. Congratulate the NSW Government on their initiatives in making NSW number one and keeping it that way through the leasing of poles and wires.

9. Notes the unprecedented multi-billion dollar investment in Western Sydney.

On being put to the meeting the motion (moved by Clr Shelton) was declared LOST.

The Foreshadowed Motion (moved by Mayor Mannoun) then became the motion and on being put to the meeting was declared CARRIED.

Division called:

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Ristevski

Vote against: Clr Harle Clr Karnib Clr Shelton Clr Stanley Clr Waller

The motion was passed on the Mayor’s casting vote.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 14

CHIEF FINANCIAL OFFICER

ITEM NO: CFO 01 FILE NO: 254127.2014 SUBJECT: September Performance Report

RECOMMENDATION

That Council receives and notes the September 2014 Performance Report which outlines the progress of all principal activities contained in the 4-year Delivery Program and Operational Plan 14/15.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 15

Clr Hadchiti left the Chambers at 7.00pm.

ITEM NO: CFO 02 FILE NO: 265319.2014 SUBJECT: Investment Report October 2014

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 16

Clr Hadchiti returned to the Chambers at 7.01pm.

ITEM NO: CFO 03 FILE NO: 270972.2014 SUBJECT: Local Infrastructure Renewal Scheme (LIRS) - Funding Agreement and Borrowing

RECOMMENDATION

That Council:

1. Approves borrowing of $3m in accordance with the LIRS subsidy assistance program;

2. Authorises the Mayor and General Manager to sign the LIRS funding agreement for Whitlam Centre Air-conditioning Project;

3. Authorises affixing of Common Seal of the Council to the LIRS Funding Agreement;

4. Authorises the CEO to obtain quotations from major financial institutions and execute a loan agreement with the bank offering most favorable terms;

5. Authorises affixing of Common Seal of the Council, if required, to the bank loan agreement.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That Council:

1. Approves borrowing of $3m in accordance with the LIRS subsidy assistance program;

2. Authorises the Mayor and General Manager to sign the LIRS funding agreement for Whitlam Centre Air-conditioning Project;

3. Authorises affixing of Common Seal of the Council to the LIRS Funding Agreement;

4. Authorises the CEO to obtain quotations from major financial institutions and execute a loan agreement with the bank offering most favorable terms;

5. Authorises affixing of Common Seal of the Council, if required, to the bank loan agreement.

6. Develop a detailed plan for the future of the Whitlam Centre including potential upgrades to the exhibition and entertainment side of the Centre.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 17

ITEM NO: CFO 04 FILE NO: 272594.2014 SUBJECT: September 2014 Budget Review

RECOMMENDATION

That Council:

1. Receives and notes the report;

2. Votes the identified budget variations in accordance with this report;

3. Notes a forecast of the Net Operating Result before grants & contributions is currently being assessed.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Shelton

That this matter be deferred and discussed at the next Councillor Briefing Session before coming back to the December Council meeting.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 18

CITY PRESENTATION REPORT

ITEM NO: DCP 01 FILE NO: 213270.2014 SUBJECT: Review of Domestic Waste Management Policy

RECOMMENDATION

That Council approve and adopt the revised changes to the Domestic Waste Management Policy.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Waller

That Council :

1. Approve and adopt the revised changes to the Domestic Waste Management Policy.

2. Investigate a way of encouraging recycling within the household by utilising whatever resources are available and costing those resources.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 19

COMMUNITY AND CULTURE REPORT

ITEM NO: DCC 01 FILE NO: 196454.2014 SUBJECT: Donations, Grants and Sponsorships

RECOMMENDATION

That Council:

1. Endorses the Financial Contribution Panel's recommendations for the provision of $6,000 under the Community Donations Program as summarised in the table below:

Applicant Name Project Name Amount Karitane Parenting Centre Open Day and 21st Birthday $1,000 Celebration Wheels ‘Towards Independence’ Formation Friendship $5,000 Incorporated

2. Endorses the Financial Contribution Panel's recommendations for the provision of $700 under the Community Donations Program – School Donations as summarised in the table below:

School Amount Cecil Hills High School $100 James Busby High School $100 Lawrence Hargrave School $100 Liverpool Boys High School $100 Miller Technology High School $100 Al Amanah College $100 Green Valley Islamic College $100

3. Endorses the Financial Contributions Panel's recommendations for the provision of $30,849 under the Corporate Sponsorship Program as summarised in the table below:

Applicant name Amount NSW Barefoot Water Ski Club $5,250 Western Sydney Wanderers Football Club $25,000 Hinchinbrook Public School $599

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 20

COUNCIL DECISION

Motion: Moved: Clr Balloot Seconded: Clr Hadchiti

That Council:

1. Endorses the Financial Contribution Panel's recommendations for the provision of $6,000 under the Community Donations Program as summarised in the table below:

Applicant Name Project Name Amount Karitane Parenting Centre Open Day and 21st Birthday $1,000 Celebration Wheels ‘Towards Independence’ Formation Friendship $5,000 Incorporated

2. Endorses the Financial Contribution Panel's recommendations for the provision of $700 under the Community Donations Program – School Donations as summarised in the table below:

School Amount Cecil Hills High School $100 James Busby High School $100 Lawrence Hargrave School $100 Liverpool Boys High School $100 Miller Technology High School $100 Al Amanah College $100 Green Valley Islamic College $100

3. Endorses the Financial Contributions Panel's recommendations for the provision of $33,099 under the Corporate Sponsorship Program as summarised in the table below:

Applicant name Amount NSW Barefoot Water Ski Club $7,500 Western Sydney Wanderers Football Club $25,000 Hinchinbrook Public School $599

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 21

Clr Shelton left the Chambers at 7.19pm.

Clr Shelton returned to the Chambers at 7.20pm.

ITEM NO: DCC 02 FILE NO: 235714.2014 SUBJECT: Request for Rental Waiver - The City of Liverpool and District Historical Society Inc.

RECOMMENDATION

That Council:

1. Approve a three-year licence from 1 December 2014 for The City of Liverpool and District Historical Society Inc. to use the basement room for operations.

2. Approve the waiver of any fees for the period of the licence for the basement room; and

3. Approve the waiver of any fees for the use of Library’s rooms for monthly meetings and the annual Harvard Lecture.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 22

INFRASTRUCTURE AND ENVIRONMENT REPORT

ITEM NO: DIEN 01 FILE NO: 246904.2014 SUBJECT: Liverpool Pioneers' Park Draft Interpretative Signage Strategy

RECOMMENDATION

That Council:

1. Notes the contents of the report.

2. Adopts the draft Interpretive Signage Strategy for Liverpool Pioneers’ Memorial Park for the purpose of seeking public comment.

3. Consults with Liverpool’s historical groups and seeks public comment to finalise the strategy.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Waller

That the recommendation be adopted.

Foreshadowed motion: Moved: Clr Ristevski Seconded: Clr Hadid

That this matter be deferred pending a full briefing on the proposed Interpretive Signage Strategy, due to the significance of this project in celebrating our local history and the significant cost involved in the website aspect of the proposal of $120,000.

On being put to the meeting the motion (moved by Clr Shelton) was declared LOST.

The Foreshadowed Motion (moved by Clr Ristevski) then became the motion and on being put to the meeting was declared CARRIED.

Clr Shelton asked that he be recorded as voting against the resoution.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 23

ITEM NO: DIEN 02 FILE NO: 259416.2014 SUBJECT: Gibson and Dunrossil Avenues, Casula

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Waller

1. That Council receives and notes this report.

2. That Councillors be notified on the receipt of a response from Endeavour Energy relating to the pathway lighting between Gibson and De Meyrick Avenues, Casula.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 24

PLANNING AND GROWTH REPORT

ITEM NO: DPG 01 FILE NO: 216429.2014 SUBJECT: Liverpool LEP Amendment No. 50 - at 900 Cowpasture Rd, Cecil Hills (Sydney Water Site)

RECOMMENDATION

That Council:

1. Endorses the Planning Proposal (Amendment No. 50) to forward to NSW Planning and Environment seeking Gateway Determination.

2. Endorses the indicative submission layout on the basis that the minimum Lot size along the boundary with existing Lots in the future subdivision will be 450 square metres.

3. Subject to Gateway approval, proceeds with public authority consultation and public exhibition in accordance with the determination.

4. Notes that the outcomes of public authority consultation and public exhibition will be reported to Council in the future.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadid Clr Harle Clr Karnib Clr Ristevski Clr Shelton Clr Stanley Clr Waller

Vote against: Clr Hadchiti

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 25

ITEM NO: DPG 02 FILE NO: 231533.2014 SUBJECT: Austral Leppington North Contributions Plan

RECOMMENDATION

That Council:

1. Approves the Liverpool Contributions Plan 2014 (Austral and Leppington North Precincts) for submission to the Independent Pricing and Regulatory Tribunal. 2. Submit the contributions plan to the Independent Pricing and Regulatory Tribunal to facilitate a submission to the Department of Planning and Environment to obtain “Gap” funding.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 26

ITEM NO: DPG 03 FILE NO: 242039.2014 SUBJECT: Review of Liverpool City Centre On Street Parking

RECOMMENDATION

That Council:

1. Approves the following car parking amendments:

 In George Street, approximately 20m south of Elizabeth Street, approximately 20m ‘No Stopping Taxis Excepted (Limit 1min)’ restriction, be modified as ‘1P, 9am-6pm, MON-FRI, 9am-12.30pm SAT’.

 In Moore Street in front of Council offices approximately 25m ‘No Parking Council Vehicles Excepted’ and approximately 12m of ‘Loading Zone’ be time restricted to 8:30am-6pm MON-FRI’.

2. Undertakes consultation with the NSW Taxi Council prior to modifying the signs in George Street.

3. Updates its website indicating locations of available unrestricted on street parking.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 27

ITEM NO: DPG 04 FILE NO: 259893.2014 SUBJECT: Liverpool City Centre Traffic Study - Update on implementation of study recommendations

RECOMMENDATION

That Council:

1. Notes the update on the implementation of the Liverpool City Centre Traffic Study findings and recommendations;

2. Notes the priority list for the implementation of the recommended projects on the local road network.

3. Notes the need for community consultation on the study findings and recommendations to be carried out as part of the design investigations;

4. Note that a further report will be presented to Council after design investigations, community consultation and RMS’ responses with an implementation plan by mid- 2015.

5. Allocates $50,000 from the Parking Strategy Reserve.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Balloot

That Council:

1. Notes the update on the implementation of the Liverpool City Centre Traffic Study findings and recommendations;

2. Notes the priority list for the implementation of the recommended projects on the local road network and make the following changes to those listed on page 237 of the Council agenda:

 The introduction of one-way southbound movement in Macquarie Street Mall to start from 6.00pm.

 Dewsbury Serviceway to also include the upgrade of the pathway.

3. Notes the need for community consultation on the study findings and recommendations to be carried out as part of the design investigations ;

4. Note that a further report will be presented to Council after design investigations, community consultation and RMS’ responses with an implementation plan by mid- 2015.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 28

5. Allocates $50,000 from the Parking Strategy Reserve.

6. Request that the grade separation of the Hoxton Park Road and Hume Highway intersection is a priority to Council and that staff continue to lobby state government for funding to prepare a design for the grade separation and also the Liverpool Bypass.

7. That Council list a design plan for the intersection of Speed and Pirie Street as a budgetary item for consideration in the 2015 / 2016 budget process.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 29

Clr Balloot left the Chambers at 7.47pm. Clr Balloot returned to the Chambers at 7.49pm.

ITEM NO: DPG 05 FILE NO: 265618.2014 SUBJECT: Options for Considering Social Impact when Assessing Development Applications for Alcohol and Gaming Premises

RECOMMENDATION

That Council:

1. Receives and notes this report.

2. Notes that a further report with a detailed proposal to potentially amend the Liverpool LEP and DCP to include controls relating to social impact assessment will be submitted in early 2015.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Waller

That Council:

1. Receives and notes this report.

2. Notes that a further report with a detailed proposal to potentially amend the Liverpool LEP and DCP to include controls relating to social impact assessment will be submitted no later than March 2015.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 30

COMMITTEE REPORTS

ITEM NO: CTTE 01 FILE NO: 202852.2014 SUBJECT: Minutes of the Budget and Finance Committee

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 5 November 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded:Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 31

ITEM NO: CTTE 02 FILE NO: 257118.2014 SUBJECT: Minutes of the Liverpool Access Committee 9 October 2014 and Notes of the Liverpool Access Committee 11 September 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 9 October 2014 and notes from meeting held on 11 September 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 32

ITEM NO: CTTE 03 FILE NO: 260766.2014 SUBJECT: Minutes of Liverpool Youth Council meeting held on 7 October 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Youth Council Meeting held on Tuesday 7 October 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 33

Mayor Mannoun called for a recess of Council at 8.00pm. Mayor Mannoun reopened the meeting at 8.16pm.

ITEM NO: CTTE 04 FILE NO: 262620.2014 SUBJECT: Minutes of Building Our New City Committee meeting held 5 November 2014

RECOMMENDATION

That Council :

1. Receives and notes the Minutes of the Building our New City Committee Meeting held on 5 November 2014.

2. Approves reinstatement of the Shopfront Façade Program including:  Targeting of funds from the Program to key sites within the city centre  Use of program funds by Council to develop design concepts for identified key sites

3. Provides the CEO all delegations necessary to implement and co-ordinate a City Activation Program, including the authority to:  Waive applicable Council fees  Utilise existing Council’s budget resources  Approve temporary use of sites within the public domain  Resolve internal project design issues, including liaison with state agencies  Deal with any other matters arising from the pilot programs  Seek EOIs for program ideas through relevant channels e.g. Liverpool Listens

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Stanley

That Council :

1. Receives and notes the Minutes of the Building our New City Committee Meeting held on 5 November 2014.

2. Approves reinstatement of the Shopfront Facade Program.

Foreshadowed motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That the recommendation be adopted.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 34

On being put to the meeting the motion (moved by Clr Shelton) was declared LOST.

Clr Shelton asked that he be recorded as voting for the motion.

The Foreshadowed Motion (moved by Mayor Mannoun ) then became the motion and was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 35

ITEM NO: CTTE 05 FILE NO: 262623.2014 SUBJECT: Minutes of Economic Development Committee and Events Committee meeting held 5 November 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 5 November 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 36

ITEM NO: CTTE 06 FILE NO: 262630.2014 SUBJECT: Minutes of Badgerys Creek Airport Taskforce meeting held 5 November 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Badgerys Creek Airport Taskforce Meeting held on 5 November 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 37

ITEM NO: CTTE 07 FILE NO: 263412.2014 SUBJECT: Heritage Advisory Committee Minutes of Meeting 7 October 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Heritage Advisory Committee Meeting held on 7 October 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Ristevski

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 38

Clr Balloot left the Chambers at 8.40pm. Clr Balloot returned to the Chambers at 8.43pm.

ITEM NO: CTTE 08 FILE NO: 264373.2014 SUBJECT: No Intermodal Committee meeting Minutes 4 November 2014

RECOMMENDATION

That Council

1. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 4 November 2014.

2. Allocates $200,000 from the Intermodal Reserve to the Intermodal Fighting Fund.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Stanley

That Council

1. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 4 November 2014.

2. Allocates $200,000 from the Intermodal Reserve to the Intermodal Fighting Fund.

3. The opposition of the Intermodal and the support for the Badgerys Creek proposal be sent to the Western Sydney Regional Organisation of Councils (WSROC).

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 39

ITEM NO: CTTE 09 FILE NO: 267492.2014 SUBJECT: Key Sites Master Planning Steering Committee Minutes from Meeting held 4 November 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 4 November 2014;

2. Adopts the recommendation put forward in this report; and

3. Keeps confidential the minutes supplied in this report containing information pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as it contains information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That this item be dealt with in Closed Session in conjunction with Item CONF 04.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 40

Clr Hadid left the Chambers at 8.47pm.

CORRESPONDENCE REPORTS

ITEM NO: CORR 01 FILE NO: 267348.2014 SUBJECT: Incoming and Outgoing Correspondence Report

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Stanley

That the Incomming and Outgoing Correspondence Report no longer be reported to Council.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 41

QUESTIONS WITH NOTICE

ITEM NO: QWN 01 FILE NO: 270745.2014 SUBJECT: Question with Notice - Mayor Mannoun

Please address the following:

1. What does it cost council to be part of LGNSW?

Cost to council of LGNSW membership for 2014/15 was $62,847.65.

2. What tangible benefits has council received from its membership?

The benefits to Council are LGNSW’s provision of a range of networking opportunities which provide significant exposure and channels of advocacy for Council Executive and Councillors. At the most recent Local Government conference held in Coffs Harbour, both the New South Wales Premier and Minister for Local Government where in attendance and addressed those present. Additionally, membership provides opportunities to share in discussion of high level thinking on policy and effective administration of local governance. It should also be noted that membership entitles Councils to bid to host the annual Local Government Conference within their Local Government Area. Hosting the conference is of significant economic benefit to the local area.

3. What are the benefits if council withdraws its membership from LGNSW?

The benefit of withdrawing membership of the LGNSW would be the cost saving of the membership fees for the relevant financial year.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 42

COUNCIL IN CLOSED SESSION Motion: Moved: Clr Waller Seconded: Mayor Mannoun

1. That Council move into Closed Session to consider the following items:

● CONF 01 WT2146 Kurrajong Road Extension between Sarah Hollands Drive and Kookaburra Road North Reason: s10A(2)(g)

● CONF 02 WT2387 Structural Repairs to Northumberland Carpark Reason: s10A(2)(di)

● CONF 03 WT2392 - Liverpool City Library Toilet Upgrade at 170 George Street, Liverpool Reason: s10A(2)(di)

● CONF 04 Key Sites Master Planning Steering Committee Minutes from Meeting held 4 November 2014 Reason: s10A(2)(c)

● CONF 05 Easement for Access over Lot 3 DP 703565 and Lot 1 DP 1196393, Speed Street, Liverpool Reason: s10A(2)(c)

● CONF 06 Acquisition of a part of Lot 12 DP 1108343, 60 Hall Circuit, Middleton Grange for drainage and open space purposes Reason: s10A(2)(c)

 CONF 07 Oakvale Capital Limited Reason: s10A(2)(g)

2. That CONF 07 Oakvale Capital Limited be dealt with at this meeting. (The Mayor ruled that this matter be dealt with a this meeting as a matter of urgency.)

3. Pursuant to Section 10A(1)-(3) of the Local Government Act 1993, the media and public to be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of:

● 10A(2)(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. ● 10A(2)(di) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 43

● 10A(2)(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

On being put to the meeting the motion was declared CARRIED.

Council moved into Closed Session at 8.48pm. The public and the media left the Chambers.

Note - The Confidential Items on the Council Agenda were dealt with in the following order:

CONF 04 Key Sites Master Planning Steering Committee Minutes from Meeting held 4 November 2014

CONF 07 Oakvale Capital Limited

CONF 05 Easement for Access over Lot 3 DP 703565 and Lot 1 DP 1196393, Speed Street, Liverpool

CONF 01 WT2146 Kurrajong Road Extension between Sarah Hollands Drive and Kookaburra Road North

CONF 02 WT2387 Structural Repairs to Northumberland Carpark

CONF 03 WT2392 - Liverpool City Library Toilet Upgrade at 170 George Street, Liverpool

CONF 06 Acquisition of a part of Lot 12 DP 1108343, 60 Hall Circuit, Middleton Grange for drainage and open space purposes

(Items CONF 01, CONF 02, CONF 03 and CONF 06 were dealt with in Open Session)

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 44

Clr Hadchiti left the Chambers at 8.48pm. Clr Hadid returned to the Chambers at 8.51pm. Clr Hadchiti returned to the Chambers at 8.51pm.

ITEM NO: CONF 04 FILE NO: 266380.2014 SUBJECT: Key Sites Master Planning Steering Committee Minutes from Meeting held 4 November 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 4 November 2014;

2. Adopts the recommendation put forward in this report; and

3. Keeps confidential the minutes supplied in this report containing information pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as it contains information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 45

ITEM NO: CONF 07 FILE NO: 280764.2014 SUBJECT: Oakvale Capital Limited

RECOMMENDATION

That Council:

1. Receives and notes the report concerning the proposed settlement of litigation involving Council and Oakvale Capital Limited ACN 009 070 884 (under external administration).

2. Delegate authority to the Chief Executive Officer to accept a settlement on the terms outlined in the report, and to sign any documents needed to give effect to the settlement on behalf of Council.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 46

ITEM NO: CONF 05 FILE NO: 260887.2014 SUBJECT: Easement for Access over Lot 3 DP 703565 and Lot 1 DP 1196393, Speed Street, Liverpool

RECOMMENDATION

That Council:

1. Notes that the Chief Executive Officer has approved the granting of an easement for access over Lot 3 DP 703565 and Lot 1 DP 1196393, Speed Street, Liverpool, benefiting the owners of 2-4 Speed Street, Liverpool being Health Projects International Pty Ltd;

2. Agrees to transfer the compensation amount into the Property Development Reserve;

3. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision; and

4. Keeps this report confidential pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Mayor Mannoun

That the recommendation be adopted.

Foreshadowed motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council seek a second valuation and approve the CEO to accept the highest price out of the two valuations.

On being put to the meeting the motion (moved by Clr Waller) was declared CARRIED and the Foreshadowed Motion (moved by Clr Hadchiti) lapsed.

Vote for: Mayor Mannoun Clr Balloot Clr Harle Clr Karnib Clr Ristevski Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 47

Vote against: Clr Hadchiti Clr Hadid Clr Shelton

Motion: Moved: Mayor Mannoun

That Council move out of Closed Session and into Open Council.

On being put to the meeting the motion was declared CARRIED.

Open Council resumed at 9.23pm.

Items CONF 01, CONF 02, CONF 03 and CONF 06 were then dealt with in Open Session.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 48

ITEM NO: CONF 01 FILE NO: 229365.2014 SUBJECT: WT2146 Kurrajong Road Extension between Sarah Hollands Drive and Kookaburra Road North

RECOMMENDATION

That Council:

1. Accepts the Tender from Western Earthmoving Pty Ltd for WT2146 – Kurrajong Road and Bridge Construction – Kookaburra Road North to Sarah Hollands Drive for 37 weeks contract term at the GST inclusive price of $11,306,704.00;

2. Does not execute the contract with Western Earthmoving Pty Ltd until the land required for construction works is in Council’s ownership;

3. Makes public its decision regarding tender WT2146 – Kurrajong Road and Bridge Construction – Kookaburra Road North to Sarah Hollands Drive;

4. Notes that the Director - Infrastructure and Environment will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority;

5. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 49

ITEM NO: CONF 02 FILE NO: 255546.2014 SUBJECT: WT2387 Structural Repairs to Northumberland Carpark

RECOMMENDATION

That Council:

1. Accepts the Tender from Buildcorp Group Pty Ltd for tender WT2387 - Northumberland Street Car Park Structural Improvement at the GST inclusive price of $ 1,124,898.40.

2. Makes public its decision regarding tender WT2387 - Northumberland Street Car Park Structural Improvement.

3. Notes that the Director, Infrastructure and Environment will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

5. Allocates an additional $600,000 from the Parking Strategy Reserve to enable completion of the full scope of the repair works.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 50

ITEM NO: CONF 03 FILE NO: 255672.2014 SUBJECT: WT2392 - Liverpool City Library Toilet Upgrade at 170 George Street, Liverpool

RECOMMENDATION

That Council:

1. Accepts the Tender from The Almar Group Pty Ltd T/A API Commercial for tender WT2392 - Liverpool City Library Toilet Upgrade at 170 George at the GST inclusive price of $303,770.

2. Makes public its decision regarding tender WT2392 - Liverpool City Library Toilet Upgrade at 170 George Street Liverpool.

3. Notes that the Director Infrastructure and Environment will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 51

ITEM NO: CONF 06 FILE NO: 268583.2014 SUBJECT: Acquisition of a part of Lot 12 DP 1108343, 60 Hall Circuit, Middleton Grange for drainage and open space purposes

RECOMMENDATION

That Council:

1. Agrees to the assignment of the contract between Council and the current owner of Lot 12 DP 1108343 dated 11 June 2014 to the incumbent purchaser of Lot 12 DP 1108343 as outlined in the confidential report;

2. Authorises its delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision; and

3. Keeps confidential the attachment supplied under separate cover containing details of the new purchaser and terms of contract pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

The resolutions relating to the following items while the meeting was closed to the public were read by the Mayor:

CONF 04 Key Sites Master Planning Steering Committee Minutes from Meeting held 4 November 2014

CONF 07 Oakvale Capital Limited

CONF 05 Easement for Access over Lot 3 DP 703565 and Lot 1 DP 1196393, Speed Street, Liverpool

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 52

THE MEETING CLOSED AT 9.28pm

Name: Ned Mannoun

Title: Mayor

Date: 16 December 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 26 November 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Minutes of the Ordinary Council Meeting held on Wednesday, 26 November 2014 and confirmed on Tuesday, 16 December 2014

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Chairperson 1

MINUTES OF THE ORDINARY MEETING HELD ON 16 DECEMBER 2014

PRESENT: Mayor Ned Mannoun Councillor Balloot Councillor Hadchiti Councillor Hadid Councillor Harle Councillor Karnib Councillor Mamone (arrived at the meeting at 6.20pm.) Councillor Ristevski Councillor Shelton Councillor Stanley Councillor Waller Mr Carl Wulff Chief Executive Officer Mr Gary Grantham, Chief Financial Officer Ms Lina Kakish, Acting Director Planning and Growth Mr Gino Belsito, Director City Presentation Mr Michael Cullen, Director Economy and Engagement Mr Raj Autar, Director Infrastructure and Environment Ms Carole Todd, Director Business Improvement Mr John Morgan, Director Property and Commercial Development

The meeting commenced at 6.02pm.

OPENING 6.02pm

PRAYER The prayer of the Council was read by Minister Manoj Chacko from Liverpool South Anglican Church.

APOLOGIES Nil

CONDOLENCES A condolence motion was dealt with in conjunction with a Mayoral Minute on page 3 of these minutes.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 2

CONFIRMATION OF MINUTES

Motion: Moved: Clr Hadid Seconded: Clr Harle

That the minutes of the Ordinary Meeting held on 26 November 2014 be confirmed as a true record of that meeting.

On being put to the meeting the motion was declared CARRIED.

DECLARATIONS OF INTEREST

Clr Shelton declared a non pecuniary, less than significant interest in the following Item:

Item CONF 01: 2015 Australia Day Awards Reason: Clr Shelton has business dealings, without fee, to date with at least two individuals referred to in this item.

Clr Shelton left the Chambers for the duration of this item.

Clr Harle declared a non pecuniary, but significant interest in the following Item:

Item CONF 01: 2015 Australia Day Awards Reason: Clr Harle’s partner submitted two nominations for the Australia Day Awards

Clr Harle left the Chambers for the duration of this item.

Clr Hadchiti declared a non pecuniary, less than significant interest in the following Item:

Item IHAP 04: DA-334/2014 - Demolition of existing dwelling, construction of five storey residential flat building consisting of 14 units (12 x 2 bedroom, 1 x 1 bedroom and 1 x 3 bedroom) with ground level car parking at 67 Bathurst Street Liverpool Reason: Clr Hadchiti was a previous part owner of the land and has had no dealings with the property since that time.

Clr Hadchiti remained in the Chambers for the duration of this item.

PUBLIC FORUM

(Presentation – Items not on agenda) Nil

(Representation – Items on agenda) Nil

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 3

MAYORAL MINUTE

SUBJECT: Liverpool City’s leadership in Multiculturalism

We have all been shocked and saddened by the hostage siege in Martin Place Sydney that has unfolded over the last 48 hours. These events, which have captivated our nation and the world’s attention, cannot go without response from our community leaders.

Whilst investigations by authorities have some length to travel before any definite conclusions can be drawn, it appears from the information available to the public, that this incident was the result of a criminal act by an individual thinly cloaked in a fundamentally misguided form of faith. All people of faith whether Islamic, Christian, Hindu, Buddhist or any other faith, stand side by side condemning this man and his distorted actions.

Liverpool City is an outstanding icon for successful Australian multiculturalism.

Amongst our nearly 200,000 residents are people from probably every region and religion of the world living in our peaceful, harmonious community. In confronting times like these, we must redouble our efforts and strengthen our resolve, to remain united and to remain a cohesive democratic community.

We must continue our leadership. We must continue to reach out and embrace all communities that make up our city. We do this by celebrating proudly our many cultures through Council sponsored events like celebrating Christmas; through our interfaith dinners, celebrating NAIDOC week and festivals like Diwali and Pacifica. Council and Councillors must and do play a daily role in maintaining this harmony, communication and interfaith engagement in Liverpool. Citizens too have an obligation to reach out and engage with all members of our community.

Councillors, I share with you the sadness at what has happened and extend the Council's sympathy to those affected especially those who are sadly bereaved by loss. I also extend our support and thanks to the authorities including the NSW Police at the front line of this response.

RECOMMENDATION:

That Council:

1. Reaffirms Liverpool City as a diverse, tolerant multicultural community that rejects all forms of violence and religious extremism.

2. Recommits Liverpool City to activities that strengthen our multicultural community including two interfaith dinners, Christmas celebrations, Australia Day celebrations and other festivities as agreed by the CEO and Mayor from time to time that strengthen our community harmony.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 4

3. Observes a minutes silence in respect of those affected by the siege in Martin Place, the hostages and police services impacted and particularly in the memory of Katrina Dawson and Tori Johnson who lost their lives and those loved ones and friends affected by bereavement.

Motion Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 5

MAYORAL MINUTE

SUBJECT: Georges River Pedestrian and Cycle Bridge and Pathways

This week the Government announced its new metropolitan strategy, A Plan for Growing Sydney, and Liverpool’s important in Sydney’s future is being recognised through its status as one of the three Regional Centres in Sydney.

The Government has identified key priorities for Liverpool to be a commercial centre for Sydney, with strong growth in offices, retail, services and housing. In addition it will support health-related land uses, infrastructure and conference facilities.

Importantly, and a watershed for Liverpool, it is to be a Regional Centre oriented around the beautiful Georges River, and I welcome the Government taking on board our City’s vision.

Three of the NSW Government’s priorities for Liverpool include:

‐ Work with council to improve walking and cycling connections to Liverpool train station from east of the train line.

‐ Work with council to improve walking and cycling connections between Liverpool and the Georges River.

‐ Work with council to investigate potential future uses of land located east of Georges River and north of Newbridge Road.

Just as Parramatta did on its investigations into light rail, we ought to take the initiative to accelerate collaboration with the NSW Government to ensure that Liverpool gets support in becoming a strong regional centre where people can live, work and play.

We are fortunate to have a strong foundation: a readily available river connection on the pylons to the Station and Lighthorse Park, and existing pathways that can be completed.

We cannot properly activate the river, provide connectivity to Liverpool station, or grow our city to the east of the Georges River without improved walking and cycling access. We must plan around walking, cycling, and public transport to ensure that we protect our local amenity as we grow.

To that end the key connections for the city on the River should be made shovel-ready.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 6

RECOMMENDATION

That Council:

1. Commence concept and detailed design and costing on a pedestrian and cycle bridge over the Georges River on the old pylons connecting the eastern side of the Georges River to Liverpool Station and Lighthorse Park.

2. Commence concept and detailed design and costing on completing pedestrian and cycle pathways between Haigh Park and Mill Park to provide full community access to the river.

3. Delegate authority to the CEO to engage with the NSW Government and relevant landholders to advance these plans in accordance with the new metropolitan strategy, A Plan for Growing Sydney, and seek funding support.

4. Authorise the CEO to utilise funds from the Councillor Reserve to commission concept and detailed design of the bridge and associated infrastructure.

Motion Moved: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 7

MAYORAL MINUTE

SUBJECT: Crnobrnja Family Support

Liverpool’s Serbian community has always pulled together to support others, to offer a helping hand or a shoulder to lean on. They are a vital part of Liverpool’s social and cultural fabric. Sadly, recently, their community was rocked by a tragic loss, when mother of 3, Mrs Vesna Crnobrnja fell victim to an incident of domestic violence.

Mrs Crnobrnja’s family are long-term residents of Casula, having relocated there in the mid- 90s from war-torn Croatia and Serbia. Mrs Crnobrnja worked at Red Lea Chickens at Casula Mall for over a decade and was well-regarded by her colleagues. The family are also highly involved with Bonnyrigg Soccer Club. Mrs Crnobrnja is survived by her children Zorana, Alexsandar and Nikola who are aged 23, 20 and 17 respectively.

However tragic these circumstances may be, with the children’s father currently in police custody, it is heartening to see the community pulling together to help support the family. Mr Zoran Ilic and Dee Zeljkovic, both friends of the family have set out to raise $10,000 to help with funeral expenses and at the very least lessen some of the financial burden on the children. Dee Zeljkovic has set up a web-page where the public can donate money and leave messages of support for the family. I propose that Council support the support this appeal both monetarily and with a message of condolence on the web-page.

RECCOMMENDATION:

That Council:

1. Donates $1000 to the Crnobrnja Family through the Crnobrnja Family Support Campaign.

2. Expresses its condolences to the family of Mrs Vesna Crnobrnja.

3. Thanks Zoran Ilic and Dee Zeljkovic for their work in raising awareness and funds for the Crnobrnja family.

4. Continues its support for campaigns against domestic violence including White Ribbon Day.

Motion Moved: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 8

MAYORAL MINUTE

SUBJECT: Community 2168 Project

It was a great privilege for me to attend the opening of the Miller Community Centre on 4 December 2014.

From the smoking ceremony, through the performances – both planned and ad hoc – to the signing of the Memorandum of Understanding, it was clear to me that the sense of partnership and local ownership that have brought this exciting project to fruition will continue to provide a solid platform for future development and achievement.

Thanks should go to Galavizh Ahmadinia, Senior Project Officer – Community 2168, for the contribution she makes. Galavizh is highly regarded by her professional colleagues, community centre management team, and crucially, members of the local Miller community. Her hard work and dedication should be acknowledged as exemplary, reflecting positively on the community and Council.

Projects of this type reinforce the importance of local ‘grassroots’ initiatives as agents of change, building the reputation of Liverpool as a city that is having a positive impact on the quality of peoples’ lives. I wish all of the partners at the Miller Community Hub partners very best wishes for the future.

RECOMMENDATION:

That Council:

1. Commends the work of Galavizh Ahmadinia and the 2168 Management Committee and expresses its thanks to them for their contribution to the community.

2. Forwards a letter from the Mayor to this effect.

Motion Moved: Mayor Mannoun

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 9

Clr Mamone arrived at the meeting at 6.20pm.

NOTICES OF MOTION

ITEM NO: NOM 01 FILE NO: 293824.2014 SUBJECT: Combatting Childhood Obesity with Sport

NOTICE OF MOTION

That Council:

1. Undertakes an investigation of the most appropriate means of encouraging and supporting children’s participation in formal ‘Saturday’ team sport across the Liverpool Local Government Area including research on subsidising the cost children’s registration to a relevant sporting organization.

2. Provides a report to Council with information on the above, together with the financial cost to Council of any program to improve the uptake of formal team sport amongst children.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 10

ITEM NO: NOM 02 FILE NO: 294773.2014 SUBJECT: Advertisement of Sensitive Development Applications

NOTICE OF MOTION

That Council defer until the Tuesday 27 January, 2015, the advertisement of Development Applications involving alcohol and gambling establishment, places of worship and cemeteries.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 11

ITEM NO: NOM 03 FILE NO: 294797.2014 SUBJECT: Completion of Wattle Grove Lake Non-Routine Maintenance

NOTICE OF MOTION

That Council:

1. Notes the completion of non-routine maintenance works at Wattle Grove Lake.

2. Thanks the responsible Council Executive and Staff for their hard work in completing the works in good time.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Notes the completion of non-routine maintenance works at Wattle Grove Lake.

2. Thanks the responsible Council Executive and Staff for their hard work in completing the works in good time.

3. Ask that Council investigate installation of toilet facilities at Wattle Grove Lake, and report back to the next Council Meeting.

4. Staff look at the future needs of that area to meet future recreational needs.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 12

INDEPENDENT HEARING AND ASSESSMENT PANEL REPORT

ITEM NO: IHAP 01 FILE NO: 282446.2014 SUBJECT: DA-470/2014 Construction of a four storey residential flat building at 9 Goulburn Street, Warwick Farm

RECOMMENDATION

That Council:

1. Approves Development Application No. DA-470/2014, subject to the recommended conditions attached to the IHAP report (see attachment No. 2) and the following additional conditions:

Insert Condition No. 23A as follows:

Privacy Mitigation Measures

23A. Prior to the issue of a CC, amended plans are to be submitted to the satisfaction of the PCA, which show the erection of privacy screens to all windows on the southern elevation. The privacy screens are to be of the same style and design as the privacy screens on the northern elevation.

Amend draft condition No. 62 to read as follows:

Privacy Mitigation Measures

62. Prior to the issue of any OC, the privacy screens to the windows of the northern and southern elevation are to be erected.

2. Notifies the persons who made a submission with regard to the proposed development, in writing, of Council’s decision.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Approves Development Application No. DA-470/2014, subject to the recommended conditions attached to the IHAP report (see attachment No. 2) and the following additional conditions:

Insert Condition No. 23A as follows:

Privacy Mitigation Measures

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 13

23A. Prior to the issue of a CC, amended plans are to be submitted to the satisfaction of the PCA, which show the erection of privacy screens to all windows on the southern elevation. The privacy screens are to be of the same style and design as the privacy screens on the northern elevation.

Amend draft condition No. 62 to read as follows:

Privacy Mitigation Measures

62. Prior to the issue of any OC, the privacy screens to the windows of the northern and southern elevation are to be erected.

2. Notifies the persons who made a submission with regard to the proposed development, in writing, of Council’s decision.

3. That the CEO ensures that appropriate fees and contributions are applied prior to the DA being released

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 14

ITEM NO: IHAP 02 FILE NO: 282728.2014 SUBJECT: DA-1097/2013, for demolition of the pedestrian footbridge over Newbridge Road; alterations and additions to the existing building, including upgrading of the entry to the premises and ground floor additions; use of part of the ground floor area as a café and use of the remaining area of the building as a medical centre; signage; roadworks, and ancillary site works at 2-4 Speed Street, Liverpool

RECOMMENDATION

That Council:

1. Approves Development Application DA-1097/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report and the additional Condition of Consent relating to Section 94 contributions.

2. Notifies interested parties of Council’s decision.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Waller

That Council:

1. Approves Development Application DA-1097/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report and the additional Condition of Consent relating to Section 94 contributions.

2. Notifies interested parties of Council’s decision.

3. Investigate a fence along Terminus Street between Pirie and Speed Street.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 15

ITEM NO: IHAP 03 FILE NO: 281728.2014 SUBJECT: DA-784/2014 for a single storey dwelling at 38 Horizon Cct Moorebank

RECOMMENDATION

That Council approves Development Application DA-784/2014, subject to the recommended conditions attached to the Council officer’s IHAP Report (Attachment No. 2).

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Harle

That the recommendation be adopted.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 16

ITEM NO: IHAP 04 FILE NO: 282608.2014 SUBJECT: DA-334/2014 - Demolition of existing dwelling, construction of five storey residential flat building consisting of 14 units (12 x 2 bedroom, 1 x 1 bedroom and 1 x 3 bedroom) with ground level car parking at 67 Bathurst Street Liverpool

RECOMMENDATION

That Council approves Development Application DA-334/2014, subject to the recommended conditions attached to the Council officer’s IHAP Report, contained within attachment 2.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Harle

That Council approves Development Application DA-334/2014, subject to the recommended conditions attached to the Council officer’s IHAP Report, contained within attachment 2 with condition 93 to be deleted.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Mamone Clr Ristevski Clr Shelton Clr Stanley

Vote against: Clr Waller Clr Karnib

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 17

ITEM NO: IHAP 05 FILE NO: 282746.2014 SUBJECT: DA-321/2013 - Demolition of existing dwelling and construction of a multi- dwelling development comprising of 5 townhouses at 34 Casula Road Casula

RECOMMENDATION

That Council:

1. Approves Development Application No.321/2013 for the demolition of existing dwelling and construction of a multi-dwelling development comprising of five townhouses at No.34 Casula Road, Casula (Lot 1 DP 1074128), subject to the recommended conditions of consent as contained within Attachment 3.

2. Notifies the persons who made a submission with regard to the proposed development in writing, of Council’s decision.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton Clr Waller

Vote against: Clr Stanley

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 18

ITEM NO: IHAP 06 FILE NO: 282977.2014 SUBJECT: DA-257/2014 Construction of a five storey residential flat building at 153 Hoxton Park Road, Cartwright

RECOMMENDATION

That Council:

1. Approves Development Application No. DA-257/2014, by way of a deferred commencement subject to the recommended conditions (see attachment No. 4), which include the deferred commencement conditions as detailed below:

Amended Basement Floor Plan

1. An amended basement floor plan is to be provided to the satisfaction of Council’s Manager of Development Assessment showing an amended car park design which enables the provision of a deep soil area within the north-eastern portion of the site.

Note: A full set of amended architectural plans are required to be submitted to reflect the approved changes to the basement level.

Amended Landscape Plan

2. An amended landscape plan is to be provided to the satisfaction of Council’s Manager of Development Assessment showing the planting of six deciduous trees within the amended deep soil zone. Additionally, the communal open space is required to be extended so that the amended deep soil zone is included within the communal area.

The items raised, above, are to be addressed within twelve (12) months of the date shown on Council’s determination notice.

2. Notify interested parties of Council’s decision.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 19

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton

Vote against: Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 20

ITEM NO: IHAP 07 FILE NO: 283417.2014 SUBJECT: DA-281/2014 for demolition of the existing pool shop and residential unit; alterations and additions to the existing building to create a new health services facility, including retention of the existing pharmacy; upgrade to parking area and signage throughout site at 337 Hume Highway, Liverpool.

RECOMMENDATION

That Council:

1. Approves Development Application DA-281/2014, subject to the recommended conditions attached to the Council officer’s IHAP report.

2. Notifies interested parties, in writing, of their decision.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton Clr Waller

Vote against: Clr Stanley

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 21

Clr Balloot left the Chambers at 6.40pm.

Clr Balloot returned to the Chambers at 6.43pm.

DEVELOPMENT APPLICATION DETERMINATION REPORT

ITEM NO: DAD 01 FILE NO: 285184.2014 SUBJECT: Modification to Development Consent No.693/2009 at 320-400 Badgerys Creek Road, Badgerys Creek (Lot 1 DP 1188956)

RECOMMENDATION

That Council approves the application to modify DA-693/2009, Pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 in the following way:

A. New Condition 1A is added to Development Consent No. DA-693/2009 to read as follows:

1A. Consent is granted for the receipt and stockpiling of screened soil to be used in accordance with the requirements of the Sydney Trains Screened Soil Exemption dated February 2014, or a more recent version, as updated by the EPA. The use of the material is subject to the following:

i. Screened soil must only be used to construct acoustic berms, in accordance with Condition 124 and Condition 125, and to construct visual berms adjacent to the eastern boundary of the site. ii. Notwithstanding (i) berms must be finished as indicated within the approved documentation outlined within Condition 1, including the Landscape Plan. iii. Measures for controlling the growth of noxious weeds must be implemented in the stockpile locations. iv. The quantity of screened soil accepted on site must not exceed 85,000 tonnes. v. The material must be stockpiled within the location of proposed Pit 5, and at no time shall exceed 10m in height, or 85m in length. vi. The screened soil must be stored in separate stockpiles of a maximum height of 3 metres. vii. The storage of screened soil must be carried out in a manner which minimises or prevents the emission of dust from the premises. viii. The construction of acoustic and visual berms must be carried out in a manner which minimises or prevents the emission of dust from the premises. ix. Any unused material must not remain onsite but be transported off site to a place that can lawfully receive it.

B. Condition 9 is deleted from Development Consent No. DA-693/2009. Condition 9 currently reads as follows:

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 22

9. The Construction Certificate is not to be issued for any part of the development until an Environmental Protection Licence is issued by the Department of Environment and Climate Change and a copy of the Approval has been provided to Council.

C. Condition 119 is added to Development Consent No. DA-693/2009.

119A. Prior to the issue of an Occupation Certificate, an Environmental Protection License must be obtained from the NSW Environmental Protection Authority. A copy of the Environmental Protection License must be provided to Council.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That the recommendation be adopted.

Foreshadowed motion: Moved: Clr Stanley Seconded: Clr Waller

That Council defer this item until legal advice has been obtained.

On being put to the meeting the motion (moved by Mayor Mannoun) was declared CARRIED and the Foreshadowed Motion (moved by Clr Stanley) lapsed.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Karnib Clr Mamone Clr Ristevski

Vote against: Clr Harle Clr Shelton Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 23

CHIEF FINANCIAL OFFICER

ITEM NO: CFO 01 FILE NO: 289794.2014 SUBJECT: Investment Report November 2014

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 24

ITEM NO: CFO 02 FILE NO: 290670.2014 SUBJECT: September 2014 Budget Review

RECOMMENDATION

That Council:

1. Receives and notes the report;

2. Votes the identified budget variations in accordance with this report;

3. Notes the forecasted Net Operating Result Before Grants & Contributions position.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 25

ITEM NO: CFO 03 FILE NO: 261318.2014 SUBJECT: Mayor's Policy-Making Functions Between Council Meetings Policy

RECOMMENDATION

That Council:

1. Note this report and adopt the reviewed policy, as attached to this report.

2. In accordance with this policy and subject to the restrictions under Section 377 of the Local Government Act 1993, grants delegated authority to the Mayor and the Chief Executive Officer to determine matters reserved for Council from 17 December 2014 until the first scheduled Ordinary Meeting on 4 February 2015.

3. Receives a report from the Chief Executive Officer regarding matters determined under this delegation at its meeting on 4 February 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Balloot

That the recommendation be adopted.

Foreshadowed motion: Moved: Clr Shelton Seconded: Clr Stanley

That Council:

1. Note this report and adopt the reviewed policy, as attached to this report, subject to the change referred to in point 4 of this motion.

2. In accordance with this policy and subject to the restrictions under Section 377 of the Local Government Act 1993, grants delegated authority to the Mayor and the Chief Executive Officer to determine matters reserved for Council from 17 December 2014 until 12 January 2015.

3. Receives a report from the Chief Executive Officer regarding matters determined under this delegation at its meeting on 4 February 2014.

4. The following proposed amendment to the policy not be included:

The addition of the words “in the opinion of the Mayor” to clauses 4.1b) and 4.1c) to clarify the responsibility for deciding that a matter is “genuinely urgent” and that “there are reasonable grounds…… supported by the Council.”

On being put to the meeting the motion (moved by Clr Hadid) was declared CARRIED and the Foreshadowed Motion (moved by Clr Shelton) lapsed.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 26

ITEM NO: CFO 04 FILE NO: 261444.2014 SUBJECT: Policy Review (Red Tape Reduction) Project

RECOMMENDATION

That Council:

1. Receive and note the report of staff.

2. Direct the review of policies in accordance with the proposed timetable included as Attachment 1 to the staff report.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 27

ITEM NO: CFO 05 FILE NO: 282530.2014 SUBJECT: Risk Management Committee

RECOMMENDATION

That Council:

1. Integrate the risk strategy, risk policy, functions and responsibilities of the Risk Management Committee into the Ethics and Audit Committee;

2. Adopt the Risk Management Policy; and

3. Dissolves the Risk Management Committee.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Stanley

That Council:

1. Does not integrate the risk strategy, risk policy, functions and responsibilities of the Risk Management Committee into the Ethics and Audit Committee;

2. Adopt the Risk Management Policy; and

3. Does not dissolve the Risk Management Committee and ensure the Committee meets promptly.

Foreshadowed motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion (moved by Clr Shelton) was declared LOST. The Foreshadowed Motion (moved by Mayor Mannoun) then became the motion and on being put to the meeting the motion was declared CARRIED.

Clr Shelton asked that he be recorded as voting against the resolution.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 28

ITEM NO: CFO 06 FILE NO: 286311.2014 SUBJECT: Civic Advisory Committee

RECOMMENDATION

That Council:

1. Endorse the establishment of the Civic Advisory Committee which will replace the Order of Liverpool Awards Committee and the Australia Day Awards Recipients Committee.

2. Staff prepare a draft Charter for the Committee for review and adoption by Council in February 2015.

3. Invite expressions of interest for community members in the new year with the first Committee meeting to be held in March 2015.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 29

CITY PRESENTATION REPORT

ITEM NO: DCP 01 FILE NO: 269307.2014 SUBJECT: Sustainable Events Management Policy

RECOMMENDATION

That Council approve and adopt the abolishing of the Sustainable Events Management Policy and place all relevant information from this policy into the External Event Kit Guidelines.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 30

COMMUNITY AND CULTURE REPORT

ITEM NO: DCC 01 FILE NO: 196455.2014 SUBJECT: Donations, Grants and Sponsorships

RECOMMENDATION

That Council:

1. Endorses the Financial Contribution Panel's recommendations for the provision of $2,200 under the Sporting Donations Program as summarised in the table below: Applicant Name Amount Nicole Morley $500 Tegan Lamond $200 Cecil Hills High – team application $500 Breanna Evans $200 Blake Jackson $200 Sarah Ringrose $200 Cameron Parsons $200 Kristina Stojkovic $200

2. Endorses the Financial Contribution Panel's recommendations for the provision of $500 under the Community Donations Program – Youth Donations as summarised in the table below: Applicant Name Project Name Amount Sarah Yahya Applicant has been nominated to $500 represent Australia at the International Youth Conference organised by the Harvard National Model United Nations (UN) to engage in negotiations and debates with UN leaders.

3. Endorses the Financial Contributions Panel's recommendations for the provision of $33,500 under the Corporate Sponsorship Program as summarised in the table below: Applicant name Amount Platinum Pages Pty Ltd $2,500 Serbian Cultural Club Ltd $3,000 Desi Media Group $15,000 Miracle Babies Foundation $5,000 Australian Turf Club $5,000 Bula Hibiscus Festival $3,000

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 31

COUNCIL DECISION

Motion: Moved: Clr Balloot Seconded: Clr Ristevski

That Council:

1. Endorses the Financial Contribution Panel's recommendations for the provision of $2,400 under the Sporting Donations Program as summarised in the table below: Applicant Name Amount Nicole Morley $500 Tegan Lamond $200 Cecil Hills High – team application $500 Breanna Evans $200 Blake Jackson $200 Sarah Ringrose $200 Cameron Parsons $200 Kristina Stojkovic $200 Meegan Jiminez $200

2. Endorses the Financial Contribution Panel's recommendations for the provision of $5500 under the Community Donations Program – Youth Donations as summarised in the table below: Applicant Name Project Name Amount Sarah Yahya Applicant has been nominated to $500 represent Australia at the International Youth Conference organised by the Harvard National Model United Nations (UN) to engage in negotiations and debates with UN leaders. Wheels “Towards Mosaic Mania $5000 – but only grant Independence” Incorporated the amount when they have acquitted their last $5,000 funding for the Formation Friendship project.

3. Endorses the Financial Contributions Panel's recommendations for the provision of $48,500 under the Corporate Sponsorship Program as summarised in the table below: Applicant name Amount Platinum Pages Pty Ltd $2,500 Serbian Cultural Club Ltd $3,000 Desi Media Group $15,000 Miracle Babies Foundation $5,000 Australian Turf Club $20,000 Bula Hibiscus Festival $3,000

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 32

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 33

ITEM NO: DCC 02 FILE NO: 282802.2014 SUBJECT: Expansion of Live Life Get Active Camps

RECOMMENDATION

That Council:

1. Receives and notes this report.

2. Accepts the findings of the site assessment that identifies potential Live Life Get Active Camp locations.

3. Consults with the community using Liverpool Listens to determine where additional Live Life Get Active Camps should be delivered in 2015.

4. Allocates resources to deliver up to four additional Camps commencing in February 2015.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the matter be held over until the next council meeting, and the sites that were previously suggested for an expansion of the Live Life Get Active Camps be investigated – notably park sites next to shopping centres at Wattle Grove, Lurnea, and Miller – and that major neighbouring supermarkets such as Woolworths and Coles be approached with requests for sponsorship.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 34

ITEM NO: DCC 03 FILE NO: 282856.2014 SUBJECT: Review of Closed Circuit Television in Liverpool CBD

RECOMMENDATION

That Council:

1. Receives and notes this report.

2. Requests a further report to the June 2015 Council meeting detailing the outcomes of the program.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Receives and notes this report.

2. Receive a report at the next Council meeting on options to collecting information on users of our WiFi, including number of users and options to allow users to be updated on Council activities through the provision of email and other contact details.

3. Investigate the commercial options as part of the consultation process.

4. Continues its commitment to free WiFi.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 35

ITEM NO: DCC 04 FILE NO: 289357.2014 SUBJECT: Draft Liverpool Ageing Strategy and Action Plan 2014 - 2017

RECOMMENDATION

That Council adopts the Liverpool City Council Ageing Strategy and Action Plan 2014-2017.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Karnib

That:

1. Council adopts the Liverpool City Council Ageing Strategy and Action Plan 2014-2017 and also include dementia as a priority.

2. In light of the success of the Seniors Concert, at the next Council meeting a report be provided on the option of an additional mid-year Seniors Concert.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 36

ITEM NO: DCC 05 FILE NO: 284171.2014 SUBJECT: Street Art Program - Laneway Activation

RECOMMENDATION

That Council allocates $60,000 from the Council Reserve to implement the Street Art Program.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Mamone

That:

1. Council allocates $60,000 from the Council Reserve to implement the Street Art Program.

2. The Street Art designs to be circulated to Councillors.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 37

Clr Balloot left the Chambers at 7.33pm.

Clr Hadchiti left the Chambers at 7.34pm.

Clr Hadchiti returned to the Chambers at 7.35pm.

ECONOMY AND ENGAGEMENT REPORT

ITEM NO: DEE 01 FILE NO: 283728.2014 SUBJECT: Liverpool Night Market Progress Report

RECOMMENDATION

That Council:

1. Consider providing funding up to $70,000 to operate markets in May 2015 and June 2015.

2. Consider a 12 month market program allocation in its 2015/16 budget considerations.

3. Note that forward funding prior to 30 June, 2015 of up to $35,000 will be required to deliver a July 2015 Night Market.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 38

Clr Balloot returned to the Chambers at 7.35pm.

ITEM NO: DEE 02 FILE NO: 296602.2014 SUBJECT: Proposed participation by Liverpool City Council in the Future Cities Collaborative overseas mission to the United States to examine Local Infrastructure Finance Mechanisms

RECOMMENDATION

That Council:

1. Notes that Liverpool Council has been invited as a targeted participant for the Future Cities Collaborative mission to the United States given that the initiative will provide insights into projects aligned with Liverpool’s current growth prospects.

2. Notes the benefits from Council participation in the US Study Tour of July 2013 that included guiding Council’s Building Our New City project, providing access to independent urban design expertise and building collaborative relationships with other Councils.

3. Approves the participation of the Mayor and the CEO or his delegate and two other Councillors nominated by Council in the Future Cities Collaborative overseas mission to the United States in June 2015 being Councillor ……... and Councillor ……….

4. Allocates funds of $40,000 from the Councillor Reserve toward the costs of Council participation in the mission.

5. Reschedules the Council meeting of 24 June, 2015 to 17 June 2015.

COUNCIL DECISION

Motion: Moved: Clr Ristevski Seconded: Clr Karnib

That Council:

1. Notes that Liverpool Council has been invited as a targeted participant for the Future Cities Collaborative mission to the United States given that the initiative will provide insights into projects aligned with Liverpool’s current growth prospects.

2. Notes the benefits from Council participation in the US Study Tour of July 2013 that included guiding Council’s Building Our New City project, providing access to independent urban design expertise and building collaborative relationships with other Councils.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 39

3. Approves the participation of the Mayor and the CEO or his delegate and Councillors Balloot, Hadchiti, Karnib and the Deputy Mayor Councillor Ristevski in the Future Cities Collaborative overseas mission to the United States in June 2015.

4. Allocates funds of $40,000 from the Councillor Reserve toward the costs of Council participation in the mission.

5. Reschedules the Council meeting of 24 June, 2015 to 17 June 2015.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 40

Clr Balloot left the chambers at 7.37pm.

PLANNING AND GROWTH REPORT

ITEM NO: DPG 01 FILE NO: 290939.2014 SUBJECT: Planning Proposal for 133 Bigge Street, 26-28 Elizabeth Street and 148 George Street Liverpool

RECOMMENDATION

That Council:

1. Endorses in principle, the proposal to rezone 133 Bigge Street, 26-28 Elizabeth Street, and 148 George Street, Liverpool from B3 Commercial Core to B4 Mixed Use.

2. Delegates to the CEO the authority to approve the final Planning Proposal to administer this rezoning, for submission to the Department of Planning and Environment for Gateway Review.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton Clr Waller

Vote against: Clr Stanley

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 41

Clr Balloot returned to the Chambers at 7.38pm.

ITEM NO: DPG 02 FILE NO: 266271.2014 SUBJECT: Child Care Centres in Residential Areas

RECOMMENDATION

That Council:

1. Receives and notes this report, and

2. Receives a further report on a draft amendment to Liverpool Development Control Plan 2008 relating to Child Care Centre controls.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Harle

That Council receives and notes this report.

On being put to the meeting the motion was declared CARRIED.

Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Stanley Clr Waller

Vote against: Clr Shelton

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 42

Clr Mamone and Clr Hadid left the Chambers at 7.41pm.

ITEM NO: DPG 03 FILE NO: 282072.2014 SUBJECT: Comprehensive Review of the Liverpool Local Environmental Plan 2008

RECOMMENDATION

That Council:

1. Notes the contents of this report; and

2. Receives a further report in early 2015 regarding further detail for a review of the Liverpool Local Environmental Plan 2008.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Hadchiti

That Council:

1. Notes the contents of this report.

2. Receives a further report in March 2015 regarding further detail for a review of the Liverpool Local Environmental Plan 2008.

3. Receives in that report a process that solicits Councillors involvement in the development of the Liverpool Local Environmental Plan 2008.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 43

Clr Hadid returned to the chambers at 7.43pm.

PROPERTY AND COMMERCIAL DEVELOPMENT REPORT

ITEM NO: DPC 01 FILE NO: 280056.2014 SUBJECT: Proposed reclassification of 6 Moore Street, Liverpool and 185 Bigge Street, Liverpool from 'Community' to 'Operational'

RECOMMENDATION

That Council:

1. Agrees to commence the process of reclassification through an amendment to the Liverpool Local Environmental Plan 2008; and

2. Receives a further report following the public exhibition process with a recommendation as to proceeding with the reclassifications.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Clrs Stanley, Shelton and Waller asked that they be recorded as voting against the motion.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 44

Clr Mamone returned to the Chambers at 7.44pm.

COMMITTEE REPORTS

ITEM NO: CTTE 01 FILE NO: 289265.2014 SUBJECT: Notes of the Liverpool Access Committee 13 November 2014

RECOMMENDATION

That Council receives and notes the record of the Liverpool Access Committee Meeting held on 13 November 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 45

ITEM NO: CTTE 02 FILE NO: 290549.2014 SUBJECT: Street Naming Committee meeting minutes of 2 December 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Street Naming Committee Meeting held on 2 December 2014.

2. Advertises and if no objections are received Gazettes the name Fir Close for use in Preston’s.

3. Extends the term of the current Community Representative of the Street Naming Committee for another 2 year term.

4. Writes to the Geographical Names Board to rename part of Badgerys Creek to West Liverpool.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 46

ITEM NO: CTTE 03 FILE NO: 289143.2014 SUBJECT: Liverpool Sports Committee Minutes of Meeting 25 September 2014

RECOMMENDATION

That Council receives and notes the minutes of the Liverpool City Sports Committee held on 25 September 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 47

ITEM NO: CTTE 04 FILE NO: 291737.2014 SUBJECT: Key Sites Master Planning Steering Committee Minutes from Meeting held 2 December 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 2 December 2014;

2. Adopts the recommendation put forward in this report; and

3. Keeps confidential the minutes supplied in this report containing information pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as it contains information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 48

ITEM NO: CTTE 05 FILE NO: 292472.2014 SUBJECT: Heritage Advisory Committee Meeting 2 December 2014

RECOMMENDATION

That Council extends the term of the current Community Representatives on the Heritage Advisory Committee for another 2 year term.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 49

ITEM NO: CTTE 06 FILE NO: 047889.2014 SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 5 November 2014

RECOMMENDATION

1. The Minutes of the Aboriginal Consultative Committee Meeting held on 5 November 2014 are attached for the information of Council.

2. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 50

ITEM NO: CTTE 07 FILE NO: 281733.2014 SUBJECT: Local Traffic Committee Minutes of Meeting held on 5 November 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Local Traffic Committee (LTC) Meeting held on 5 November 2014.

2. Adopts the following recommendations of the Local Traffic Committee meeting:

Item 1 Anzac Road, Moorebank – Proposed Five (5) Tonne Load Limit i. Supports a Five (5) tonne load limit on Anzac Road between Yulong Close and Wattle Grove Road, Moorebank, subject to the RMS approval of the required Traffic Management Plan (TMP). ii. The decision be advertised in local newspapers. iii. A Five (5) tonne load limit sign be installed at both ends of Anzac Road and the intersection of Wattle Grove Road and Delfin Drive, subject to the RMS approval of the required TMP. iv. All stakeholders be advised accordingly of Council’s decision.

Item 2 Governor Macquarie Drive/Epsom Road/Abingdon Street, Chipping Norton – Roundabout Linemarking Review i. Supports the linemarking modifications of the Governor Macquarie Drive, Epsom Road and Abingdon Drive roundabout, involving re- linemarking of the Epsom Road and Abingdon Drive approaches to left turn kerbside lanes and combined right and through median lanes.

Item 3 Monteclair Avenue, Liverpool – Proposed Parking Restrictions i. Supports “No Parking 8:00am–6:00pm Mon-Fri” parking restrictions along the western side of Monteclair Avenue and “3P” time restricted parking along the eastern side of the road. ii. Consultation with Monteclair Avenue local residents is to be carried out, prior to implementation of the parking restrictions. iii. All stakeholders be advised accordingly of Council’s decision.

Item 4 Walder Road, Hammondville – Proposed Traffic Calming Facilities i. Supports the installation of the proposed rubber speed cushions on Walder Road at the following:  In front of house numbers 32 and 35;  At common side boundaries of house numbers 82/84 and 93/95. ii. Installation of the speed cushions is subject to the completion of satisfactory public consultation advising residents of potential impacts of the cushions e.g. increase in traffic noise. iii. Council to undertake a speed advisory campaign for at least one month with the placement of speed actuated VMS sign.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 51

iv. All stakeholders be advised of Council’s resolution.

Item 5 George Street and Moore Street, Liverpool – Review of City Centre Parking Restrictions i. Supports the signposting modifications at the eastern side of George Street, Liverpool, to the south of Elizabeth Street, to “1P 9am to 6pm (Monday-Friday) and 9am to 12:30pm (Saturday)”. ii. Supports changes to the existing parking restrictions fronting 33 Moore Street, Liverpool, to “No Parking, 8:30am–6:00pm Monday-Friday, Council Permit Holders Excepted” and “Loading Zone, 8:30am–6:00pm Monday-Friday”. iii. The parking restriction changes in George Street to proceed subject to the successful implementation of consultation with the NSW Taxi Council.

Item 6 Proposed Local Traffic Committee Meeting Dates for 2015 i. The LTC meet on the following dates in 2015:  21 January 2015  18 March 2015  20 May 2015  22 July 2015  23 September 2015  11 November 2015 ii. The LTC meeting dates be placed in the Corporate Diary.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 52

ITEM NO: CTTE 08 FILE NO: 283607.2014 SUBJECT: Liverpool Youth Council Meeting Minutes Tuesday 4 November, 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Youth Council Meeting held on Tuesday 4 November, 2014

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 53

ITEM NO: CTTE 09 FILE NO: 284106.2014 SUBJECT: Environment Advisory Committee Meeting Minutes of 10 November 2015

RECOMMENDATION

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 10 November 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 54

ITEM NO: CTTE 10 FILE NO: 285159.2014 SUBJECT: Minutes of Economic Development and Events Committee meeting held 3 December 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 3 December 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 55

ITEM NO: CTTE 11 FILE NO: 285163.2014 SUBJECT: Minutes of Badgerys Creek Airport Taskforce meeting held 3 December 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Badgerys Creek Airport Taskforce Meeting held on 3 December 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 56

ITEM NO: CTTE 12 FILE NO: 285174.2014 SUBJECT: Minutes of Building Our New City Committee meeting held 3 December 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Building our New City Committee Meeting held on 3 December 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 57

ITEM NO: CTTE 13 FILE NO: 285350.2014 SUBJECT: Minutes of the Budget and Finance Committee

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 3 December 2014.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 58

COUNCIL IN CLOSED SESSION

Motion: Moved: Clr Hadchiti Seconded: Clr Waller

1. That Council move into Closed Session to consider the following items:

● CONF 01 2015 Australia Day Awards Reason: s10A(a)

● CONF 02 Request to commence the consultation stage of the road clsoure process to consider closing a part of Scott and Terminus Street, Liverpool & Newbridge Road, Liverpool Reason: s10A(c)

● CONF 03 Proposed reclassification of a part of Lot 10 DP 1162812, Heathcote Road, Hammondville 'Hammondville Park', from 'Community' to 'Operational' land Reason: s10A(c)

● CONF 04 Key Sites Master Planning Steering Committee Minutes from Meeting held 2 December 2014 Reason: s10A(c)

● CONF 05 Legal Affairs Report Reason: s10A(c), s10A(d ii)s10A(g)

● CONF 06 ST2270 – Waste Services for City and Facilities Maintenance Reason: s10A(d i)

● CONF 07 Acquisition of a part of Lot 1 DP 1157505, 140 Flynn Avenue, Middleton Grange for drainage and open space purposes Reason: s10A(c)

● CONF 08 Proposed disposal of Lot 1 to 5 in the Plan of Subdivision of Lot 536 DP 865435, 54 Nineteenth Avenue, Hoxton Park Reason: s10A(c)

● CONF 09 Fire Safety Audit Reason: s10A(a)s10A(c)

● CONF 10 Proposed disposal of Lot 1 and 2 DP 1150469, 14 Thompson Avenue and 29 Stockton Avenue, Moorebank Reason: s10A(c)

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 59

● CONF 11 Acquisition of a part of Lot 99 DP 1168485 and Lot 10 DP 1081934, Camden Valley Way, Edmondson Park for drainage and open space purposes Reason: s10A(c)

● CONF 12 Legal Dispute - Rating of Council Financial Instruments Reason: s10A(g)

● CONF 13 Tender RCL2375 Sportsfield Floodlight Infrastructure and Electrical Services Reason: s10A(d i)

● CONF 14 Legal Advice - SIMTA Intermodal Concept Plan Approval Reason: s10A(g)

2. Pursuant to Section 10A(1)-(3) of the Local Government Act 1993, the media and public to be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of:

● 10A(2)(a) personal matters concerning particular individuals (other than councillors).

● 10A(2)(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

● 10A(2)(d ii) commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.

● 10A(2)(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

● 10A(2)(d i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

On being put to the meeting the motion was declared CARRIED.

Council moved into Closed Session at 7.46pm. The public and the media left the Chambers.

Clrs Hadchiti, Hadid, Harle, Karnib, Ristevski and Waller left the Chambers at 7.46pm.

The meeting was adjourned at 7.46pm due to a lack of a quorum.

Councillor Mamone retired from the meeting at 7.53pm.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 60

The meeting resumed at 7.57pm with the following Councillors present:

Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Karnib Clr Ristevski Clr Shelton Clr Stanley Clr Waller

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 61

Clr Shelton and Clr Harle left the Chambers at 7.57pm.

ITEM NO: CONF 01 FILE NO: 290326.2014 SUBJECT: 2015 Australia Day Awards

RECOMMENDATION

That Council:

1. Endorse the recommended award recipients as proposed in this report.

2. Keep the report and nominations containing the recommended award recipients confidential, pursuant to the provision of Section 10A(2)(a) of the Local Government Act 1993.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 62

Clr Shelton and Clr Harle returned to the Chambers at 7.59pm.

ITEM NO: CONF 02 FILE NO: 291045.2014 SUBJECT: Request to commence the consultation stage of the road closure process to consider closing a part of Scott and Terminus Street, Liverpool & Newbridge Road, Liverpool

RECOMMENDATION

That Council:

1. Agrees to commence the consultation stage of the road closure process to consider closing part of Scott and Terminus Street and Newbridge Road, Liverpool as outlined in the confidential attachment;

2. Notes that a follow up report will be submitted for Council’s consideration at the conclusion of the consultation and public exhibition process; and

3. Keeps confidential the attachment supplied under separate cover pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 63

ITEM NO: CONF 03 FILE NO: 291462.2014 SUBJECT: Proposed reclassification of a part of Lot 10 DP 1162812, Heathcote Road, Hammondville 'Hammondville Park', from 'Community' to 'Operational' land

RECOMMENDATION

That Council:

1. Agrees to commence the process of reclassification of part Lot 10 DP 1162812, Heathcote Road, Hammondville, through an amendment to the Liverpool Local Environmental Plan 2008; and

2. Receives a further report following the public exhibition process with a recommendation as to proceeding with the reclassification.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 64

ITEM NO: CONF 04 FILE NO: 291747.2014 SUBJECT: Key Sites Master Planning Steering Committee Minutes from Meeting held 2 December 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 2 December 2014;

2. Adopts the recommendation put forward in this report; and

3. Keeps confidential the minutes supplied in this report containing information pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as it contains information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 65

ITEM NO: CONF 05 FILE NO: 263004.2014 SUBJECT: Legal Affairs Report

RECOMMENDATION

That Council receive and note the report concerning the Legal Affairs of Council.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Stanley

That Council receive and note the report concerning the Legal Affairs of Council and commend the staff on the comprehensive report.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 66

ITEM NO: CONF 06 FILE NO: 272911.2014 SUBJECT: ST2270 – Waste Services for City and Facilities Maintenance

RECOMMENDATION

That Council:

1. Accept the tender from Remondis Australia Pty Ltd for ST2270 – Waste Services for City and Facilities Maintenance – Category 1 only - for an initial three (3) year contract term with the option of extending 2 x 12 month periods.

2. Decline to accept any tenders for ST2270 – Waste Services for City and Facilities Maintenance – Category 2.

3. For Category 2, in accordance with clause 178(3)(b) of the Local Government (General) Regulation 2005 (“Regulations”), invite fresh tenders based on the same details.

4. In the event a more suitable commercial arrangement cannot be secured in accordance with point (3) above, invite fresh tenders in relation to Category 2.

5. Makes public its decision regarding tender ST2270 – Waste Services for City and Facilities Maintenance.

6. Notes that the Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

7. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 67

ITEM NO: CONF 07 FILE NO: 272955.2014 SUBJECT: Acquisition of a part of Lot 1 DP 1157505, 140 Flynn Avenue, Middleton Grange for drainage and open space purposes

RECOMMENDATION

That Council:

1. Approves the acquisition of a part of Lot 1 DP 1157505, 140 Flynn Avenue, Middleton Grange, containing an area of approximately 2,697 square metres for the price and terms outlined in the confidential attachment;

2. Upon settlement of the acquisition, classifies the portion of Lot 1 DP 1157505, 140 Flynn Avenue, Middleton Grange, being acquired as 'Community' land;

3. Keeps confidential the attachment supplied under separate cover containing the acquisition price pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

4. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 68

ITEM NO: CONF 08 FILE NO: 278941.2014 SUBJECT: Proposed disposal of Lot 1 to 5 in the Plan of Subdivision of Lot 536 DP 865435, 54 Nineteenth Avenue, Hoxton Park

RECOMMENDATION

That Council:

1. Agrees to sell Lot 1 to 5 in the Proposed Plan of Subdivision of Lot 536 DP 865435, 54 Nineteenth Avenue, Hoxton Park, by placing the properties on the market for sale by way of public auction through a local real estate agent;

2. Agrees to set the reserve prices for the public auction as outlined in the confidential report;

3. Authorises the Chief Executive Officer or his nominee to negotiate the sale of Lots 1 to 5 in the Plan of Subdivision of Lot 536 DP 865435, if not sold under the hammer, for a sale price of not less than five percent below the reserve price, on the day of auction, and execute the contract for sale to facilitate the exchange of contracts on the day of the auction;

4. Agrees that if a property is not sold at auction it is immediately placed on the open market for sale by private treaty;

5. Apportions the net proceeds from the sale between the relevant Section 94 Contribution Fund and the Property Development Reserve on the basis of their contribution to the development; and

6. Keeps confidential the details supplied in this report containing the reserve prices pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 69

ITEM NO: CONF 09 FILE NO: 236482.2014 SUBJECT: Fire Safety Audit

RECOMMENDATION

That Council:

1. Endorses the continuation of the Fire Safety Audit and upgrade program incorporating a fire engineered approach where appropriate.

2. In accordance with section 10(A)2(g) of the Local Government Act 1993 keeps confidential the information supplied herein as the information contains advice concerning litigation or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Stanley

That Council:

1. Notes the continuation of the Fire Safety Audit and upgrade program incorporating a fire engineered approach where appropriate.

2. In accordance with section 10(A)2(g) of the Local Government Act 1993 keeps confidential the information supplied herein as the information contains advice concerning litigation or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 70

ITEM NO: CONF 10 FILE NO: 280466.2014 SUBJECT: Proposed disposal of Lot 1 and 2 DP 1150469, 14 Thompson Avenue and 29 Stockton Avenue, Moorebank

RECOMMENDATION

That Council:

1. Agrees to sell Lot 1 and 2 DP 1150469, 14 Thompson Avenue and 29 Stockton Avenue, Moorebank, by placing the property on the open market for sale by way of public auction through a local real estate agent;

2. Agrees to set the reserve price for the public auction as outlined in the confidential report;

3. Authorizes the Chief Executive Officer or his nominee to negotiate the sale of Lot 1 and 2 DP 1150469, if not sold under the hammer, for a sale price of not less than five percent below the reserve price, on the day of auction, and execute the contract for sale to facilitate the exchange of contracts on the day of the auction;

4. Agrees that if the property is not sold at auction it is immediately placed on the open market for sale by private treaty individually and/or in ‘one-line’;

5. Transfers the proceeds of sale into the Property Development Reserve; and

6. Keeps confidential the details supplied in the confidential report pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 71

ITEM NO: CONF 11 FILE NO: 284809.2014 SUBJECT: Acquisition of a part of Lot 99 DP 1168485 and Lot 10 DP 1081934, Camden Valley Way, Edmondson Park for drainage and open space purposes

RECOMMENDATION

That Council:

1. Approves the acquisition of a part of Lot 99 DP 1168485 and Lot 10 DP 1081934, Camden Valley Way, Edmondson Park, containing an area of approximately 7,263 square metres for the price and terms outlined in the confidential attachment;

2. Notes that the square metre areas to be acquired are approximate and subject to final survey. Council approves the acquisition on a dollar per square metre basis as outlined in the confidential attachment;

3. Upon settlement of the acquisition, classifies the portions of Lot 99 DP 1168485 and Lot 10 DP 1081934, Camden Valley Way, Edmondson Park, being acquired as 'Community' land;

4. Keeps confidential the attachment supplied under separate cover containing the acquisition price pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

5. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Clr Hadchiti and Clr Karnib asked that they be recorded as voting against the motion.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 72

ITEM NO: CONF 12 FILE NO: 285292.2014 SUBJECT: Legal Dispute - Rating of Council Financial Instruments

RECOMMENDATION

That Council receive and note the report of staff in relation to legal action concerning the rating of financial instruments purchased by Council.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 73

ITEM NO: CONF 13 FILE NO: 255849.2014 SUBJECT: Tender RCL2375 Sportsfield Floodlight Infrastructure and Electrical Services

RECOMMENDATION

That Council:

1. Accepts the tenders submitted by the following tenderers and place them on a panel of Recognised Contractors for RCL2375 Sportsfield Floodlight Infrastructure and Electrical Services for an initial three (3) year contract term with the option to extend by two (2) one year terms.

 Havencorp Pty Ltd;  Hix Group Pty Ltd; and  Premier Lighting and Electrical Pty Ltd

2. Makes public its decision regarding tender RCL2375 – Sportsfield Floodlight Infrastructure and Electrical Services.

3. Notes that the Director – Infrastructure and Environment will finalise all details and sign the Letter of Acceptance following publication of draft minutes on Council’s website for the tender, giving it contractual effect, in accordance with delegated authority.

4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Councillors voted unanimously for this motion.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 74

ITEM NO: CONF 14 FILE NO: 285336.2014 SUBJECT: Legal Advice - SIMTA Intermodal Concept Plan Approval

RECOMMENDATION

That Council receive and note the report of staff in relation to the SIMTA Intermodal Concept Plan approval.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Motion: Moved: Mayor Mannoun Seconded: Clr Balloot

That Council move out of Closed Session and into Open Council.

On being put to the meeting the motion was declared CARRIED.

Open Council resumed at 8.28pm.

Clr Hadchiti left the chambers at 8.28pm.

Clr Hadchiti returned to the Chambers at 8.40pm.

The resolutions relating to Items CONF 01 – CONF 14 which were dealt with in Closed Session while the meeting was closed to the public were read by the Mayor.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson 75

THE MEETING CLOSED AT 8.43pm.

Name: Ned Mannoun

Title: Mayor

Date: 4 February 2015

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 16 December 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Minutes of the Ordinary Council Meeting held on Tuesday, 16 December 2014 and confirmed on Wednesday, 4 February 2015

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Chairperson